Non-automatic weighing instruments

The Commission highlights the necessity for harmonised European standards in the field of metrology to protect the public against incorrect results of weighing operations. This Directive therefore defines the requirements for non-automatic weighing instruments.

ACT

Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments (Codified version)

SUMMARY

This Directive aims at harmonising the rules which apply to non-automatic weighing instruments in order to ensure their free movement in the internal market and to protect the public against the consequences of incorrect weighing results.

Scope

This Directive covers weighing instruments used for:

—	commercial transactions;

—	the calculation of a toll, tariff, tax, bonus, penalty, remuneration, indemnity or similar type of payment;

—	the application of laws or regulations, or for an expert opinion given in court proceedings;

—	the practice of medicine, in particular for weighing patients for the purposes of monitoring, diagnosis and medical treatment;

—	making up medicines on prescription in a pharmacy and in analyses carried out in medical and pharmaceutical laboratories;

—	the determination of price on the basis of mass for the purposes of direct sales to the public and the making-up of pre-packages;

—	any other application.

Placing on the market

EU countries must to ensure that only instruments complying with the essential requirements set out in Annex I of the Directive and bearing the ‘CE’ marking are placed on the market. They may only block their placing on the market if they consider that these instruments do not meet the requirements of the Directive. In this case, they may prohibit or restrict their being placed on the market. They must inform the Commission thereof and give the reasons justifying their decision.

Conformity assessment

Manufacturers may choose between two conformity assessment methods to obtain the certificate of conformity for their products:

—	EC type examination followed by either the EC declaration of type conformity or EC verification;

—	EC unit verification.

EU countries must notify the Commission, as well as other EU countries, of the bodies which they have appointed to carry out conformity assessment procedures, the specific tasks assigned to these bodies, and their identification numbers.

‘CE’ conformity marking and inscriptions

‘CE’ conformity marking should be affixed in a visible and indelible form on instruments for which CE conformity has been established. Any other marking may be affixed provided that it does not hinder understanding by third parties of the signification of CE marking and that it does not reduce its visibility or legibility.

Repeal

Directive 2014/31/EU repeals Directive 2009/23/EC with effect from 20 April 2016.

RELATED ACTS

Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments.(Official Journal L 96 of 29 March.2014, p. 107-148)

last update 25.08.2009