Made | 28th April 2006 | ||
Laid before Parliament | 5th May 2006 | ||
Coming into force | |||
Regulations 1, 2, 7, 9 and 10 and Part 1 of Schedule 2 | 30th May 2006 | ||
Remaining regulations | 30th October 2006 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Requirements for placing on the market and putting into use |
5. | Compliance with the essential requirements |
6. | Conformity assessment procedures |
7. | Designation of United Kingdom notified bodies |
8. | Functions of notified bodies |
9. | Provisions supplemental to regulation 7 |
10. | Variation and termination of designations |
11. | Fees |
12. | Marking and identification requirements |
13. | Conformity with other directives |
14. | Requirements for use for trade |
15. | Manner of use |
16. | Automatic gravimetric filling instruments to be set to zero |
17. | Manner of erection and installation |
18. | Enforcement authority |
19. | Compliance notice procedure |
20. | Immediate enforcement action |
21. | Review by the Secretary of State |
22. | Disqualification |
23. | Re-qualification |
24. | Testing of automatic gravimetric filling instruments |
25. | Unauthorised application of authorised marks |
26. | Powers of entry and inspection |
27. | Obstruction of enforcement officer |
28. | Penalties for offences |
29. | Defence of due diligence |
30. | Liability of persons other than the principal offender |
31. | Service of documents |
32. | Savings for certain privileges |
33. | The Electromagnetic Compatibility Regulations 2005 |
34. | Adaptation for Northern Ireland |
SCHEDULE 1— | ESSENTIAL REQUIREMENTS |
SCHEDULE 2— | NOTIFIED BODIES |
PART 1— | NOTIFIED BODY CRITERIA |
PART 2— | FUNCTIONS |
SCHEDULE 3— | TECHNICAL DOCUMENTATION |
SCHEDULE 4— | MARKING AND INSCRIPTIONS |
SCHEDULE 5— | REQUIREMENTS FOR USE FOR TRADE |
PART 1— | ACCURACY CLASSES |
PART 2— | MAXIMUM PERMISSIBLE ERRORS |
SCHEDULE 6— | ADAPTATIONS FOR NORTHERN IRELAND |
but the accuracy class in respect of that automatic gravimetric filling instrument shall not be of a higher level of precision than the reference value for accuracy class in respect of that instrument;
who has been notified to the Commission and the other member States pursuant to Article 11.1;
(2) Other expressions used in these Regulations have the same meanings as in the Weights and Measures Act 1985.
(3) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein[7].
(4) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex or a part of an Annex to the Directive.
Application
3.
—(1) Subject to paragraphs (2) and (3), these Regulations apply to an automatic gravimetric filling instrument which is—
(2) These Regulations do not apply to an automatic gravimetric filling instrument—
(3) These Regulations do not apply to an automatic gravimetric filling instrument which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—
(2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any automatic gravimetric filling instrument to which the offence relates shall be liable to be forfeited.
Compliance with the essential requirements
5.
—(1) A manufacturer may demonstrate that an automatic gravimetric filling instrument is compliant with the essential requirements by—
Conformity assessment procedures
6.
—(1) The conformity assessment procedures are the procedures as follows—
Designation of United Kingdom notified bodies
7.
—(1) The Secretary of State may, on the application of a person, designate that person to be a United Kingdom notified body.
(2) The Secretary of State shall not make a designation under paragraph (1) unless he is satisfied that the person meets the notified body criteria.
(3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.
(4) A designation under paragraph (1)—
Functions of notified bodies
8.
A notified body shall carry out the functions set out in Part 2 of Schedule 2.
Provisions supplemental to regulation 7
9.
—(1) The Secretary of State shall, from time to time, publish a list of notified bodies indicating, in the case of each United Kingdom notified body, the description of any automatic gravimetric filling instrument in respect of which that notified body is designated; and such a list may include information concerning any condition to which the designation of any United Kingdom notified body is subject.
(2) The Secretary of State shall, from time to time, carry out an inspection of each United Kingdom notified body with a view to verifying that it—
but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.
Variation and termination of designations
10.
—(1) The Secretary of State may vary a designation made under regulation 7 if—
(2) The Secretary of State may terminate a designation made under regulation 7—
(3) Where the Secretary of State is minded to—
(4) If a designation is terminated under paragraph (2), the Secretary of State may—
Fees
11.
—(1) A United Kingdom notified body may charge such fees in connection with, or incidental to, the carrying out of conformity assessment procedures or specific tasks as it may determine.
(2) The fees referred to in paragraph (1) shall not exceed the following—
(3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying out the work requested by the applicant.
(4) Where any fees payable to a United Kingdom notified body pursuant to this regulation remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that notified body may by 14 days' notice in writing provide that, unless the fees are paid before the expiry of the notice, the certificate or notification appropriate to the relevant conformity assessment procedure may be suspended until payment of the fees has been received.
Marking and identification requirements
12.
—(1) Where an automatic gravimetric filling instrument is compliant with the essential requirements—
Conformity with other directives
13.
—(1) Where an automatic gravimetric filling instrument falls within the scope of other directives which provide for the affixing of the CE marking, the affixing of the CE marking under these Regulations shall indicate that the instrument is also presumed to be compliant with the requirements of those other directives.
(2) Where paragraph (1) applies, the publication reference of such other directives in the Official Journal of the European Union must be given in the documents, notices or instructions required to accompany the automatic gravimetric filling instrument.
Manner of use
15.
—(1) Where an automatic gravimetric filling instrument is marked with a temperature range, it shall not be used for trade in temperatures outside that range.
(2) Where an automatic gravimetric filling instrument bears a mark which signifies the manner and purpose of use, it shall not be used for trade in a manner or for a purpose which does not accord with that marking.
(3) An automatic gravimetric filling instrument shall only be used for trade for the purpose of weighing material the value of which, expressed in units of measurement of mass, is neither less than the value of the minimum capacity nor more than the value of the maximum capacity.
(4) An automatic gravimetric filling instrument shall not be used for trade in circumstances—
Automatic gravimetric filling instruments to be set to zero
16.
—(1) Subject to paragraph (2), a person shall not use an automatic gravimetric filling instrument for trade unless it is properly balanced or set to zero immediately prior to use.
(2) Paragraph (1) shall not apply in the case of an instrument if it is designed so as not to balance when unloaded.
Manner of erection and installation
17.
—(1) Every automatic gravimetric filling instrument shall be so positioned as to facilitate cleaning and testing.
(2) If any special equipment for an automatic gravimetric filling instrument, as referred to in paragraph 9(5) of Schedule 1 is not a permanent fixture of the instrument, it shall be kept in the vicinity of the instrument.
(3) For the purposes of paragraph (1)—
(4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.
Immediate enforcement action
20.
—(1) Where an enforcement authority has reasonable grounds for considering that—
(3) A notice under paragraph (2) may—
Review by the Secretary of State
21.
—(1) Where a person is aggrieved by a compliance notice or an enforcement notice served by an enforcement authority other than the Secretary of State, that person may apply to the Secretary of State to review such notice.
(2) An application under paragraph (1) shall—
(3) The Secretary of State may—
(4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.
(5) Where the Secretary of State does not uphold any notice referred to in paragraph (1), he shall give instructions for the withdrawal of that notice.
Disqualification
22.
—(1) If it appears to an inspector that an automatic gravimetric filling instrument which bears—
is used for trade in circumstances where—
(2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to an automatic gravimetric filling instrument, the inspector may affix a disqualification sticker to the instrument.
(3) Where it appears to the inspector that the nature or degree of non-compliance of the automatic gravimetric filling instrument under paragraph (1) is not such that a disqualification sticker should be immediately affixed to it, he may give to any person in possession of the instrument a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.
(4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification sticker to the automatic gravimetric filling instrument.
(5) A disqualification sticker which is affixed to an automatic gravimetric filling instrument shall be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.
(6) A person shall be guilty of an offence if he uses for trade an automatic gravimetric filling instrument to which there is affixed a disqualification sticker, unless a re-qualification sticker has been affixed to the instrument in accordance with regulation 23.
Re-qualification
23.
—(1) Where—
having regard to the character and extent of the work done or to be done.
(5) The inspector or approved verifier shall keep a record of any test carried out under paragraph (3).
(6) Where a re-qualification sticker is affixed to an automatic gravimetric filling instrument pursuant to paragraph (2), it shall be affixed in such a position that it obliterates as far as possible any disqualification sticker.
Testing of automatic gravimetric filling instruments
24.
Where an inspector considers that a test of an automatic gravimetric filling instrument is necessary, otherwise than for the purposes of regulation 23(3), he may require the person who has control of the instrument, or whom he has reasonable cause to believe has control of it, to provide to him such equipment, materials, qualified personnel or other assistance as the inspector may reasonably require.
Unauthorised application of authorised marks
25.
—(1) Subject to paragraph (2), a person shall be guilty of an offence if, in the case of an automatic gravimetric filling instrument, he—
(2) Where the alteration or defacement of an authorised mark is occasioned solely—
(4) An automatic gravimetric filling instrument in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.
(5) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.
(6) In this regulation, "authorised mark" means the CE marking, the M marking, the identification number of the notified body which carried out the conformity assessment procedure in respect of the automatic gravimetric filling instrument, disqualification sticker or re-qualification sticker.
Powers of entry and inspection
26.
—(1) Subject to the production if so requested of his credentials, an enforcement officer may for the purposes of these Regulations, at all reasonable times—
(3) If a justice of the peace, on written information on oath—
(8) Nothing in this regulation shall authorise any person to stop any vehicle on a highway.
(9) In this regulation, "credentials" means evidence of appointment or designation as an enforcement officer.
Obstruction of enforcement officer
27.
—(1) A person shall be guilty of an offence if he—
(2) A person shall be guilty of an offence if, in giving an enforcement officer such information as is mentioned in paragraph (1)(b), that person gives any information which he knows to be false.
Penalties for offences
28.
A person guilty of an offence under Part II or Part IV shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
29.
—(1) Subject to the following provisions of this regulation, in proceedings against a person for an offence under these Regulations, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where, in proceedings against a person for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to—
Liability of persons other than the principal offender
30.
—(1) Where the commission by a person of an offence under these Regulations is due to the act or default of another person in the course of any business of his, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
(2) Where a body corporate commits an offence and it is proved that the offence was committed—
(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[11] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations shall be his last known address except that—
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
Savings for certain privileges
32.
—(1) Nothing in these Regulations shall be taken as requiring a person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising a person to take possession of any documents or records which are in the possession of a person who would be so entitled.
(2) Nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse or civil partner.
(3) Sub-section (1) of section 14 of the Civil Evidence Act 1968[12] (which relates to the privilege against self-incrimination) shall apply to the right conferred by paragraph (2) as it applies to the right described in sub-section (1) of that section; but this paragraph does not extend to Scotland.
The Electromagnetic Compatibility Regulations 2005
33.
The Electromagnetic Compatibility Regulations 2005[13] shall be amended as follows—
After regulation 29 there shall be inserted a new regulation 29A—
in accordance with the requirements of that Directive, as regards the immunity of such instrument or sub-assembly.
(2) For the purposes of this regulation, "measuring instrument" and "sub-assembly" have the meanings defined in that Directive.".
Adaptation for Northern Ireland
34.
In their application to Northern Ireland, these Regulations shall have effect subject to Schedule 6.
Barry Gardiner
Parliamentary Under Secretary of State for Competitiveness Department of Trade and Industry
28th April 2006
Allowable Errors
3.
—(1) Under rated operating conditions and in the absence of a disturbance, the error of measurement shall not exceed the maximum permissible error (MPE) value as set out in paragraph 17.
(2) Unless stated otherwise, MPE is expressed as a bilateral value of the deviation from the true measurement value.
(3) Under rated operating conditions and in the presence of a disturbance, the performance requirement shall be as set out in paragraph 18(2).
(4) Where the automatic gravimetric filling instrument is intended to be used in a specified permanent continuous electromagnetic field the permitted performance during the radiated electromagnetic field-amplitude modulated test shall be within MPE.
(5) The manufacturer shall specify the climatic and electromagnetic environments in which the automatic gravimetric filling instrument is intended to be used, power supply and other influence quantities likely to affect its accuracy, taking account of the requirements in this Schedule.
(b) Electromagnetic environments—
(ii) The following influence quantities shall be considered in relation with electromagnetic environments—
(6) Other influence quantities to be considered, where appropriate, are—
(7) When carrying out the tests as envisaged in these Regulations, the following paragraphs apply—
(b) Ambient humidity—
Reproducibility
4.
The application of the same measurand in a different location or by a different user, all other conditions being the same, shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.
Repeatability
5.
The application of the same measurand under the same conditions of measurement shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.
Discrimination and Sensitivity
6.
An automatic gravimetric filling instrument shall be sufficiently sensitive and the discrimination threshold shall be sufficiently low for the intended measurement task.
Durability
7.
An automatic gravimetric filling instrument shall be designed to maintain an adequate stability of its metrological characteristics over a period of time estimated 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.
Reliability
8.
An automatic gravimetric filling 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.
Suitability
9.
—(1) An automatic gravimetric filling instrument shall have no feature likely to facilitate fraudulent use, whereas possibilities for unintentional misuse shall be minimal.
(2) An automatic gravimetric filling 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.
(3) Where an automatic gravimetric filling instrument is designed for the measurement of values of the measurand that are constant over time, the instrument shall be insensitive to small fluctuations of the value of the measurand, or shall take appropriate action.
(4) An automatic gravimetric filling instrument shall be robust and its materials of construction shall be suitable for the conditions in which it is intended to be used.
(5) An automatic gravimetric filling instrument shall be designed so as to allow the control of the measuring tasks after the instrument has been placed on the market and put into use. If necessary, special equipment or software for this control shall be part of the instrument. The test procedure shall be described in the operation manual.
(6) When an automatic gravimetric filling instrument has associated software which provides other functions besides the measuring function, the software that is critical for the metrological characteristics shall be identifiable and shall not be inadmissibly influenced by the associated software.
(7) Means shall be provided to limit the effects of tilt, loading and rate of operation such that MPEs are not exceeded in normal operation.
(8) Adequate material handling facilities shall be provided to enable the automatic gravimetric filling instrument to respect the MPEs during normal operation.
(9) Any operator control interface shall be clear and effective.
(10) The integrity of the display (where present) shall be verifiable by the operator.
(11) Adequate zero setting capability shall be provided to enable the automatic gravimetric filling instrument to respect the MPEs during normal operation.
(12) Any result outside the measurement range shall be identified as such, where a printout is possible.
Protection against corruption
10.
—(1) The metrological characteristics of an automatic gravimetric filling instrument shall not be influenced in any inadmissible way 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 instrument.
(2) A hardware component that is critical for metrological characteristics shall be designed so that it can be secured. Security measures foreseen shall provide for evidence of an intervention.
(3) Software that is critical for metrological characteristics shall be identified as such and shall be secured.
(4) Software identification shall be easily provided by the automatic gravimetric filling instrument.
(5) Evidence of a software intervention shall be available for a reasonable period of time.
(6) Measurement data, software that is critical for measurement characteristics and metrologically important parameters stored or transmitted shall be adequately protected against accidental or intentional corruption.
Information to be borne by and to accompany the automatic gravimetric filling instrument
11.
—(1) An automatic gravimetric filling instrument shall bear the following inscriptions—
plus, when applicable:
(2) The automatic gravimetric filling instrument shall be accompanied by information on its operation, unless the simplicity of the instrument makes this unnecessary. Information shall be easily understandable and shall include where relevant—
(3) Groups of identical automatic gravimetric filling instruments used in the same location do not necessarily require individual instruction manuals.
(4) The scale interval for a measured value shall be in the form 1 x 10n, 2 x 10n or 5 x 10n, where n is any integer or zero. The unit of measurement or its symbol shall be shown close to the numerical value.
(5) The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols.
(6) All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and non-transferable.
Indication of result
12.
—(1) Indication of the result shall be by means of a display or hard copy.
(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 metrologically controlled indications.
(3) In the case of hard copy the print or record shall also be easily legible and non-erasable.
Further processing of data to conclude the trading transaction
13.
—(1) An automatic gravimetric filling instrument shall record by a durable means the measurement result accompanied by information to identify the particular transaction, when—
(2) Additionally, a durable proof of the measurement result and the information to identify the transaction shall be available on request at the time the measurement is concluded.
Conformity evaluation
14.
An automatic gravimetric filling instrument shall be designed so as to allow ready evaluation of its conformity with the appropriate requirements of these Regulations.
Rated Operating Conditions
15.
The manufacturer shall specify the rated operating conditions for the automatic gravimetric filling instrument as follows—
(c) for the mechanical quantities—
for automatic gravimetric filling instruments which are used under special mechanical strain, e.g. instruments incorporated into vehicles, the manufacturer shall define the mechanical conditions of use.
(d) for other influence quantities (if applicable)—
Accuracy classes
16.
—(1) The manufacturer shall specify both the reference accuracy class Ref(x) and the operational accuracy class(es) X(x).
(2) An automatic gravimetric filling instrument type is designated a reference accuracy class, Ref(x), corresponding to the best possible accuracy for instruments of the type. After installation, individual automatic gravimetric filling instruments are designated for one or more operational accuracy classes, X(x), having taken account of the specific products to be weighed. The class designation factor (x) shall be ≤ 2, and in the form 1 x 10k, 2 x 10k or 5 x 10k where k is a negative whole number or zero.
(3) The reference accuracy class, Ref(x) is applicable for static loads.
(4) For the operational accuracy class X(x), X is a regime relating accuracy to load weight and (x) is a multiplier for the limits of error specified for class X(1) in paragraph 17(2).
MPE
17.
—(1) Static weighing error
(2) Deviation from average fill
Table
Value of the mass of the fills (m) in grams |
Maximum permissible deviation of each fill from the average for class X(1) |
m ≤ 50 | 7.2% |
50 < m ≤ 100 | 3.6 grams |
100 < m ≤ 200 | 3.6 % |
200 < m ≤ 300 | 7.2 grams |
300 < m ≤ 500 | 2.4 % |
500 < m ≤ 1 000 | 12 grams |
1 000 < m ≤ 10 000 | 1.2 % |
10 000 < m ≤ 15 000 | 120 grams |
15 000 < m | 0.8 % |
Note: The calculated deviation of each fill from the average may be adjusted to take account of the effect of material particle size |
6.
The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend on the number of tasks carried out or on the results of such tasks.
7.
The body shall satisfy the Secretary of State that it has adequate civil liability insurance.
8.
The body's director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the Secretary of State.
in accordance with the Annex applicable to the relevant conformity assessment procedure in respect of an automatic gravimetric filling instrument.
(2) In determining such an application, the notified body—
(3) Where, in the opinion of the notified body, the automatic gravimetric filling instrument to which an application relates is compliant with the essential requirements, it shall issue a certificate or notification in accordance with requirements of paragraph 12.
(4) Where, in the opinion of the notified body, the automatic gravimetric filling instrument to which an application relates is not compliant with the essential requirements, it shall issue a notice to the applicant in accordance with paragraph 15.
(5) Where a certificate or notification under sub-paragraph (3) is issued by a United Kingdom notified body, it shall send a copy to the Secretary of State.
Limitations on duties to exercise functions
10.
—(1) A notified body shall not accept an application for a certificate or notification in respect of an automatic gravimetric filling instrument unless the application—
(2) A notified body shall not be required to determine an application for a certificate or notification where the manufacturer has not—
(3) A notified body shall not be required to carry out the functions referred to in regulation 7(4) (d) if—
Contractors
11.
—(1) A notified body may, in exercising its functions—
(2) But nothing in sub-paragraph (1) authorises a notified body to rely on the opinion of another person with regard to whether an automatic gravimetric filling instrument is compliant with any of the essential requirements.
(3) Nothing in these Regulations shall preclude a person referred to in sub-paragraph (1)(a) or (1)(b) from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.
Form of certificates and notifications
12.
A certificate or notification issued by a notified body shall be in writing and, in addition to the requirements provided for in the relevant conformity assessment procedure, shall—
(c) be signed by or on behalf of the notified body and give the identification number of the notified body;
(d) bear—
(e) give particulars of the relevant automatic gravimetric filling instrument (where applicable, in relation to each variant) to which it relates sufficient to identify it, and shall state whether the instrument to which it relates is a single item or a representative, or if it covers a number of variants of that instrument; and
(f) certify that the automatic gravimetric filling instrument to which it relates is compliant with the essential requirements.
Conditions in certificates or notifications
13.
—(1) A certificate or notification may be unconditional or may be subject to such conditions as the notified body considers appropriate.
(2) Such conditions may include—
(3) The conditions imposed pursuant to sub-paragraph (1) may be varied in accordance with paragraph 15 by the notified body which issued the certificate or notification and such variation may include the imposition of new conditions or the removal of conditions.
Withdrawal of certificates or notifications
14.
The notified body which issued the certificate or notification shall withdraw that certificate or notification in accordance with paragraph 15, if it appears that the automatic gravimetric filling instrument to which it relates is not compliant with the essential requirements.
Procedure where a notified body is minded to refuse to give, or to vary or withdraw a certificate or notification
15.
—(1) Where a notified body is minded to—
it shall give the applicant, or the person to whom the certificate or notification was given, a notice in writing—
(2) Where a notified body, having considered representations made to it under sub-paragraph (1), remains of the opinion that—
it shall inform the applicant, or the person to whom the certificate or notification was given, of that decision in writing and give that applicant or person information about the judicial remedies available to him.
(3) Where a notice is given under sub-paragraph (1) by a United Kingdom notified body, it shall send a copy to the Secretary of State.
3.
The technical documentation shall include insofar as relevant for assessment and identification of the type and/or automatic gravimetric filling instrument—
4.
The manufacturer shall specify where seals and markings have been applied.
5.
The manufacturer shall indicate the conditions for compatibility with interfaces, where relevant.
Description of use of filling instrument | Maximum capacity of filling instrument | Accuracy class |
(1) | (2) | (3) |
For use for weighing potato crisps and similar products commonly known as "snack foods" | Any capacity | X2 |
For use for weighing solid fuel | 110 kg or less | X(1) |
For use for weighing vegetable produce | 55 kg or less | X(1) |
For weighing waste | Any capacity | X(1) |
For use for weighing materials not described in any of the above |
Less than 5 kg 5 kg or more |
X(1) X(0.5) |
Value of the mass of the fills (m) in grams | Maximum permissible deviation of each fill from the average for class X(1) |
In use | |
m< = 50 | 9% |
50 < m < = 100 | 4.5grams |
100 < m < = 200 | 4.5% |
200 < m < = 300 | 9 grams |
300 < m < = 500 | 3% |
500 < m < = 1000 | 15 grams |
1000 < m < = 10 000 | 1.5% |
10 000 < m < = 15 000 | 150 grams |
15 000 < m | 1% |
4.
In regulation 26—
5.
In regulation 32(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971[20].
[4] OJ No. L135, 30.4.04, p.1.back
[5] OJ No. L204, 21.7.98, p.37.back
[6] OJ No. L217, 5.8.98, p.18.back
[7] The application of the Directive was extended to the European Economic Area by Decision No. 31/205 (OJ No. L198, 28.7.05, p.20).back
[8] S.I. 1963/1710, as amended by S.I. 1970/1370, S.I. 1972/767, S.I. 1974/1326, S.I. 1977/1932, S.I. 1978/484, S.I. 1979/1612, S.I. 1980/1070, S.I. 1980/1079, S.I. 1983/914, S.I. 1984/1446, S.I. 1985/1532, S.I 1986/1320, S.I. 1986/1682, S.I. 1988/120, S.I. 1988/876, S.I. 1994/1259, S.I. 1995/735, S.I. 2000/388, S.I. 2001/599, S.I. 2001/1208, S.I. 2003/2454 and S.I. 2003/2761.back
[9] S.I. 1986/1320 as amended by S.I. 1994/1851, S.I. 1996/797, S.I. 2000/387, S.I. 2001/85, S.I. 2003/214.back
[10] S.I. 2000/388 as amended by SI 2003/214 and SI 2006/659back
[14] OJ No.L135, 30.4.04, p.1.back
[15] OJ No. L220, 30.8.93, p.23.back
[19] S.I. 1981/231 (N.I. 10) and see S.I. 1982/846 (N.I. 11) and 1999/283 (N.I. 1).back
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