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Procedure : 2000/0233(COD)
Document stages in plenary
Document selected : A5-0221/2001

Texts tabled :

A5-0221/2001

Debates :

Votes :

Texts adopted :

P5_TA(2001)0367

Texts adopted
Tuesday, 3 July 2001 - Strasbourg
Measuring instruments ***I (procedure without debate)
P5_TA(2001)0367A5-0221/2001
Text
 Resolution

Proposal for a European Parliament and Council directive on measuring instruments (COM(2000) 566 - C5-0478/2000 - 2000/0233(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
Recital 2
   (2) Measuring instruments can be used for a variety of measurement tasks. Those responding to reasons of public interest, affecting the daily life of citizens in many ways directly and indirectly, require the use of legally controlled measuring instruments.
   (2) Measuring instruments can be used for a variety of measurement tasks. Those responding to reasons of public interest, public health, public safety, public order, protection of the environment, levying taxes and duties, consumer protection and fair trading, which affect the daily life of citizens in many ways directly and indirectly, require the use of legally controlled measuring instruments.
Amendment 2
Recital 4 a (new)
(4a) The optionality clause introduced by this Directive, under which Member States may exercise their right to decide whether or not to regulate any of the measuring instruments covered by this Directive, should be applied provided it does not act as a barrier to completing the internal market and is subject to the transitional provisions of this Directive.
Amendment 3
Recital 4b (new)
(4b) There should be a specific definition of the term "manufacturer" and his responsibility for the conformity of measuring instruments.
Amendment 4
Recital 11
   (11) The state of the art in measurement technology is subject to constant evolution which may lead to changes in the needs for conformity assessments. Therefore, for each category of measurement there must be an appropriate procedure or a choice between different procedures of equivalent stringency. The procedures adopted are as required by Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation Directives.
   (11) The state of the art in measurement technology is subject to constant evolution which may lead to changes in the needs for conformity assessments. Therefore, for each category of measurement there must be an appropriate procedure or a choice between different procedures of equivalent stringency. The procedures adopted are as required by Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation Directives. It should be possible to affix the CE conformity marking during the manufacturing process.
Amendment 5
Recital 14
   (14) Member States should take all appropriate measures to ensure that measuring instruments that carry the CE conformity marking and supplementary marking are correctly placed on the market. Manufacturers should be informed of the grounds on which negative decisions in respect of their products were taken, and the legal remedies available to them.
   (14) Member States should take all appropriate measures to ensure that measuring instruments consisting of a set of devices and sub-assemblies that carry the CE conformity marking and supplementary marking are correctly placed on the market. Manufacturers should be informed of the grounds on which negative decisions in respect of their products were taken, and the legal remedies available to them.
Amendment 6
Article 1
This Directive applies to the devices and systems with a measuring function defined in the instrument specific annexes MI-001 to MI-011.
   1. This Directive applies to the devices and systems with a measuring function defined in the instrument specific annexes concerning water meters ( MI-001), gas meters (MI-002), active electrical energy meters and measurement transformers (MI-003), heat meters (MI-004), measuring systems for the continuous and dynamic measurement of quantities of liquids other than water (MI-005), automatic weighing instruments (MI-006), taximeters (MI-007), material measures (MI-008), dimensional measuring instruments (MI-009), evidential breath analysers (MI-010) and exhaust gas analysers ( MI-011).
Amendment 7
Article 1, paragraph 2 (new)
   2. Measuring instruments covered by this Directive and which have been subject to a legal metrological control are used for reasons of public health, public safety, public order, protection of the environment, levying taxes and duties, consumer protection and fair trading.
Amendment 8
Article 2, paragraph 1
This Directive establishes the essential requirements that the devices and systems referred to in Article 1 have to satisfy if they are subject to legal metrological control in a Member State, and the conformity assessment that they have to undergo in those circumstances, with a view to their placing on the market and putting into use.
1 . This Directive establishes the essential requirements that the devices and systems referred to in Article 1 shall satisfy and the conformity assessment that they shall undergo in those circumstances, with a view to their placing on the market and putting into use.
Amendment 9
Article 2, paragraphs 2 and 3
   2. If a Member State has not introduced legislation covering the devices and systems referred to in Article 1 and subject to the transitional provisions laid down in Article 17, it shall decide whether or not to regulate any of the instruments listed in annexes MI-001 to MI-011.
   3. No Member State may prevent, prohibit or restrict the placing on the market or putting into use of any device or system covered by this Directive if that device or system meets the requirements of this Directive which apply to it.
Amendment 10
Article 3, point (b)
   (b) "sub-assembly" means a hardware device that functions independently and, together with other sub-assemblies with which it is compatible, makes up a measuring instrument;
   (b) "sub-assembly" means a hardware device that functions independently and, together with other sub-assemblies with which it is compatible, or with measuring instruments with which it is compatible , makes up a measuring instrument;
Amendment 11
Article 3, point (d)
   (d) "manufacturer" means the physical or legal person who
   (d) "manufacturer" means the physical or legal person who takes responsibility for the conformity of the measuring instrument to the appropriate requirements of this Directive, and who
   - carries out the technical design of a measuring instrument, or has it carried out on his behalf, and
   - carries out the technical design of a measuring instrument, or has it carried out on his behalf, and
   - manufactures the measuring instrument, or has it manufactured on his behalf, and
   - manufactures the measuring instrument, or has it manufactured on his behalf, and
   - places it lawfully on the market under his own name,
   - places it on the market under his own name;
or,
the physical or legal person who
   - takes responsibility for the conformity of the measuring instrument to the appropriate requirements of this Directive, and
   - has taken all necessary measures to bear those responsibilities, and
   - places the measuring instrument lawfully on the market under his own name;
Amendment 12
Article 3, point (g)
   (g) "authorised representative" means the physical or legal person who is authorised by a manufacturer, in writing, to act on his behalf for specified tasks. An authorised representative must be established within the Community if he is to act under this Directive;
   (g) "authorised representative" means the physical or legal person who is authorised by a manufacturer, in writing, to act on his behalf for specified tasks within the meaning and provisions of this Directive . An authorised representative must be established within the Community if he is to act under this Directive;
Amendment 13
Article 5, paragraph 2
   2. The CE conformity marking and supplementary metrology marking shall be affixed by, or under the responsibility of the manufacturer.
   2. The CE conformity marking and supplementary metrology marking shall be affixed by, or under the responsibility of the manufacturer. The CE conformity marking may be affixed on the measuring instrument during the manufacturing process. The supplementary metrology marking shall be affixed after the assessment of conformity laid down in Article 7.
Amendment 14
Article 7a (new)
Article 7a
Technical documentation
The technical documentation shall render the design, manufacture and operation of the measuring instrument intelligible and shall enable assessment of its conformity with the appropriate requirements of this Directive.
In so far as relevant for assessment, the documentation shall include:
   - a general description of the measuring instrument;
   - conceptual design and manufacturing drawings and plans of components, sub-assemblies, circuits, etc;
   - descriptions and explanations necessary for the understanding of the drawings and plans, including the operation of the measuring instrument;
   - a list of the standards referred to in Article 9, applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of this Directive where the standards referred to in Article 9 have not been applied;
   - results of design calculations, examinations, etc;
   - test reports;
   - the EC type examination certificates or EC design examination certificates.
Amendment 15
Article 8, paragraph 2
   2. Member States shall apply the criteria set out in Annex III for the designation of such bodies.
   2. Member States shall apply the criteria set out in Article 8a for the designation of such bodies. If a Member State has not introduced national legislation regulating any of the measuring instruments defined in Article 1, taking into account the provisions of Article 2, it shall retain its right to designate a body.
Amendment 16
Article 8a (new)
Article 8a
Criteria for the designation of bodies carrying out tasks pertaining to the conformity assessment modules.
The following criteria shall apply when Member States designate bodies for carrying out tasks pertaining to the confirmity assessment modules:
   1. The body, its director and the staff involved in conformity assessment work shall not be the designer, manufacturer, supplier, installer or user of the measuring instruments that they inspect, nor the authorised representative of any of these persons. They may not be directly involved in the design, manufacture, marketing or maintenance of the measuring instruments, nor may they represent the parties engaged in these activities. The preceding criteria do not, however, preclude in any way the possibility of exchanges, between the manufacturer and the body, of technical information for the purpose of conformity assessment.
   2. The body and its staff involved in conformity assessment work shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment work, especially from persons or groups of persons with an interest in the results of the assessments.
   3. The conformity assessment tasks shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology.
Should the body subcontract specific tasks connected with the establishment or verification of product performance or specifications, it shall first ensure that the subcontractor complies with the provisions of this Directive. The body shall keep the relevant documents assessing the subcontractor's qualifications and the work carried out by him under this Directive at the disposal of the national authorities.
   4. The body shall be able to carry out all the tasks assigned to such bodies by this Article for which it has been notified, whether these tasks are carried out by the body itself or on its behalf and under its responsibility. It shall dispose in particular of the staff and facilities necessary for carrying out properly the technical and administrative tasks entailed in assessment and verification. It shall also have access to the equipment necessary for the required verification.
   5. The staff of the body shall have
   - good vocational training, covering all assessment and verification operations for which the body was designated;
   - satisfactory knowledge of the rules in respect of the inspections which it carries out, and adequate experience of such inspections;
   - the ability required to draw up the certificates, records and reports to demonstrate that the inspections were carried out.
   6. The body shall be impartial. Its remuneration shall not depend on the number of inspections carried out nor on the results of the inspections.
   7. The body shall take out civil liability insurance, unless liability is assumed by the Member State under national legislation or the Member State carries out the inspections itself directly.
   8. The body's staff shall observe professional secrecy with regard to all information obtained in the course of exercising their duties pursuant to this Directive or any provision of national law putting this Directive into effect, except vis-à-vis the competent administrative authorities of the Member State in which their activities are carried out.
Amendment 17
Article 12, paragraph 1, point (a)
   (a) amend instrument specific annexes in respect of:
   - the maximum permissible errors and accuracy classes,
   - the rated operating conditions,the critical change values,
   - the list of conformity assessment procedures referred to in Article 7;
Deleted
Amendment 18
Article 13, paragraph 3
   3. The identification number of the notified body concerned referred to in Article 8, if prescribed by the conformity assessment procedure, shall follow the CE conformity marking and supplementary metrology marking. The measuring instrument shall carry no identification number of a notified body where that is not prescribed by the conformity assessment procedure.
   3. The identification number of the notified body concerned referred to in Article 8, if prescribed by the conformity assessment procedure, shall follow the CE conformity marking and supplementary metrology marking.
Amendment 19
Article 13, paragraph 4, subparagraph 1
   4. When a measuring instrument consists of a set of devices operating together, the markings shall be present on the instrument's main device.
   4. When a measuring instrument consists of a set of devices and sub-assemblies operating together, the markings shall be present on the instrument's main device.
Amendment 20
Article 14, paragraph 2, subparagraph 4
Information exchanged shall be kept confidential .
Deleted
Amendment 21
Article 17
By way of derogation from Article 18(2), Member States shall permit, for measurement tasks for which they have prescribed the use of a legally controlled measuring instrument, the placing on the market and putting into use of measuring instruments that satisfy the rules applicable before [1 July 2002[ until the expiration of the validity of the type approval of those measuring instruments or, in case of a type approval of indefinite validity, for a period of ten years from [1 July 2002[.
By way of derogation from Article 18(2), Member States shall permit, for measurement tasks for which they have prescribed the use of a legally controlled measuring instrument, the placing on the market and putting into use of measuring instruments that satisfy the rules applicable before ...* until the expiration of the validity of the type approval of those measuring instruments or, in case of a type approval of indefinite validity, for a period of five years from the date of entry into force of this Directive .
________________
* two years after the entry into force of this Directive
Amendment 22
Annex I, point 5
   5. Durability
   5. Durability
A measuring instrument shall be designed to maintain an adequate stability of its metrological characteristics over a reasonable period of time provided that it is properly installed, maintained and used according to the manufacturer's instruction when in the environmental conditions for which it is intended.
A measuring instrument shall be designed to maintain an adequate stability of its metrological characteristics over a period of time specified by the manufacturer , provided that it is properly installed, maintained and used according to the manufacturer's instruction when in the environmental conditions for which it is intended.
Amendment 23
Annex I, point 6
   6. Reliability
   6. Reliability
A measuring instrument shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result, unless the presence of such a defect is obvious or can be easily and simply checked using devices apart from the instrument itself .
A measuring instrument shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result unless the presence of such a defect is obvious.
Amendment 24
Annex I, point 7.2
   7.2. A measuring instrument shall be suitable for its intended use taking account of the practical working conditions, and bearing in mind the intended user , shall not require unreasonable demands of the user in order to obtain a correct measurement result.
   7.2. A measuring instrument shall be suitable for its intended use taking account of the practical working conditions, and shall not require unreasonable demands of the user in order to obtain a correct measurement result.
Amendment 25
Annex I, point 8.1
   8.1. The metrological characteristics of a measuring instrument shall not be inadmissibly influenced by the connection to it of another device, by any feature of the connected device itself or by any remote device that communicates with the measuring instrument.
   8.1. The metrological characteristics of a measuring instrument shall not be seriously and inadmissibly influenced by the connection to it of another device, by any feature of the connected device itself or by any remote device that communicates with the measuring instrument.
Amendment 26
Annex I, point 10.2
   10.2. The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions necessary to inform the user of the significance of the result. Easy reading of the presented result shall be permitted under normal conditions of use. Additional indications may be shown provided they cannot be confused.
   10.2. The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions necessary to inform the user of the significance of the result. Easy reading of the presented result shall be permitted under normal conditions of use. Additional indications may be shown provided they cannot be confused with the primary indication.
Amendment 27
Annex I, point 10.5
   10.5. A measuring instrument intended for domestic utility measurement purposes from which the measurement data can be read either by a mobile data capture unit or remotely via a transmission link shall be fitted with a display accessible to the consumer. The reading of this display is the measurement result that serves as the basis for the price to pay.
   10.5. A measuring instrument intended for domestic utility measurement purposes from which the measurement data can be read shall be fitted with a display accessible to the consumer. The reading of this display is the measurement result that serves as the basis for the price to pay.
Amendment 28
Annex III
   (cf. am. 16)
Deleted
Amendment 29
Annex IV
   (cf. am. 14)
Deleted

(1) OJ C 62 E, 27.2.2001, p.1.


European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on measuring instruments (COM(2000) 566 - C5-0478/2000 - 2000/0233(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 566 (1) ),

-  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0478/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Industry, External Trade Research and Energy (A5-0221/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 62 E, 27.2.2001, p. 1.

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