Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th November, 2021.

I, MAIRÉAD BUCKLEY, Director of Legal Metrology, in exercise of the powers conferred on me by Sections 14 , 15 , 16 and 17 of the Metrology Act 1996 , hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the Legal Metrology (General) (Amendment) Regulations 2021.

(2) These Regulations come into operation on 9th of November.

Interpretation

2. In these Regulations —

‘Principal Regulations’ means the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ).

Amendment of Regulation 2 of the Principal Regulations

3. (1) Regulation 2(1) of the Principal Regulations is amended by the insertion of the following definitions:

“‘Directive 2014/32/EU’ means Directive 2014/32/EU of the European Parliament and the Council of 26 February 2014¹ on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters² );

‘2017 Act’ means the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017);

‘2018 Regulations’ means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 ( S.I. No. 2 of 2018 );

‘2019 Regulations’ means the Legal Metrology (Prescribed Instruments) Regulations 2019 ( S.I. No. 505 of 2019 );”.

Amendment of Regulation 3 of the Principal Regulations

4. Regulation 3 of the Principal Regulations is amended

(a) in paragraph (5)—

(i) by the substitution, in subparagraph (c), of “any measuring instrument,” for “any measuring instrument.”, and

(ii) by the insertion of the following subparagraph after subparagraph (c):

“(d) the 2018 Regulations.”,

(b) by the insertion of the following paragraphs after paragraph (5):

“(6) Subject to paragraph (5)(d) and paragraph (8) of this Regulation and subject to Regulation 4(2) of the 2018 Regulations, in the case of a measuring instrument specified in column 1 of the Schedule to the Legal Metrology (Measuring Instruments) Act 2017 (No 31 of 2017) in use for the measuring task for which that instrument is prescribed by Regulation 2 of the 2019 Regulations, the relevant conformity assessment procedures required to be carried out pursuant to the provisions of the 2018 Regulations and Directive 2014/32/EU are hereby prescribed, for the purposes of the Act, as the conformity assessment procedures for such measuring instrument.

(7) In the case of a measuring instrument referred to in paragraph (6), the marks signifying conformity with the conformity assessment procedures

(8) Nothing in these Regulations shall impede the making available on the market or putting into use of a measuring instrument for the purpose of legal metrological control where such measuring instrument complies with Directive 2014/32/EU.”.

Amendment of Regulation 8 of the Principal Regulations

5. Regulation 8 of the Principal Regulations is amended—

(a) in paragraph (1)—

(i) by the substitution, in subparagraph (d), of “Regulations 4, 5 or 9, or” for “Regulations 4, 5 or 9.”, and

(ii) by the insertion of the following subparagraph after subparagraph (d):

“(e) the CE marking and supplementary metrology marking according to the 2018 Regulations.”,

(b) in paragraph (2)(b)—

(i) by the substitution, in subparagraph iv., of “Directive 2004/22/EC, or” for “Directive 2004/22/EC;”

(ii) by the insertion, in subparagraph (b), of the following subparagraph after sub-paragraph iv.:

“v. EU type examination or EU design examination certificate granted by a notified body in accordance with Directive 2014/32/EU;”

Amendment of Regulation 9 of the Principal Regulations

6. Regulation 9 of the Principal Regulations is amended—

(a) in paragraph (a)—

(i) by the substitution, in subparagraph iv., of “Directive 2004/22/EC, or” for “Directive 2004/22/EC.”, and

(ii) by the insertion of the following subparagraph after subparagraph iv.:

“v. EU type examination or EU design approval examination certificate granted by a notified body in accordance with Directive 2014/32/EU,”

(b) in paragraph (b), by the substitution of “verification, and” for “verification.”.

Amendment of Regulation 20 of the Principal Regulations

7. Regulation 20(2) of the Principal Regulations is amended by the insertion of “or the 2018 Regulations” after “the 2007 Regulations”

Amendment of Regulation 22 of the Principal Regulations

8. Regulation 22 of the Principal Regulations is amended by the insertion of “or the 2018 Regulations” after “the 2007 Regulations”.

Amendment of Regulation 29 of the Principal Regulations

9. Regulation 29 of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.

Amendment of Regulation 32 of the Principal Regulations

10. Regulation 32(1) of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.

Amendment of Regulation 35 of the Principal Regulations

11. Regulation 35(1) of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.

Amendment of Regulation 39 of the Principal Regulations

12. Regulation 39(1) of the Principal Regulations is amended —

(a) by the substitution, in paragraph (b), of “the 2006 Regulations,” for “the 2006 Regulations, or”,

(b) by the substitution, in paragraph (c), of “2007 Regulations, or” for “2007 Regulations.”, and

(c) by the insertion of the following paragraph after paragraph (c):

“(d) the taximeter has been marked with the CE marking and the Supplementary metrology marking in accordance with the provisions of the 2018 Regulations.”.

Amendment of Regulation 68 of the Principal Regulations

13. Regulation 68 of the Principal Regulations is amended in paragraph (a) by the substitution of “Directive 22/2004/EC or” with “Directive 2004/22/EC or Directive 2014/32/EU or,”.

Amendment of Schedule 1 of the Principal Regulations

14. Point 11 of Schedule 1 is amended by the substitution of Table 11.1 by the following table –

regulation 49

GIVEN under my hand,

9 November 2021

MAIRÉAD BUCKLEY,

Director of Legal Metrology.

EXPLANATORY NOTE

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

These Regulations provide for inspection in use of instruments prescribed, for the purposes of the 1996 Act, for a measuring task by the Legal Metrology (Prescribed Instruments) Regulations 2019 ( S.I. No. 505 of 2019 ) which have undergone conformity assessment according to Directive 2014/32/EU and which are being used for the purpose of trade.

These Regulations come into force on 9th of November.

1 OJ No. L 96, 29.3.2014, p.149

2 OJ No. L 3, 7.1.2015, p. 42