Brief Introduction of |
This directive has been amended by the following Council Directives:
1. 92/59/EEC of 29 June 1992 (General Product Safety);
2. 93/68/EEC of 22 July 1993 (CE Marking directive).
* The term 'EC Mark' appeared in this directive is out of date and has been officially replaced by term 'CE Marking' in 1993 in the CE Marking directive 93/68/EEC.
COUNCIL DIRECTIVE of 20 June 1990 on the harmonization of the laws of the Member States relating to non-automatic weighing instruments (90/384/EEC)
distinction is made in this Directive between two categories of instrument
Scope, placing on the market, free movement
1. A Weighing Instrument is
defined as a measuring instrument serving to determine the mass of a body
by using the action of gravity on that body. A weighing instrument may
also serve to determine other mass-related magnitudes, quantities,
parameters or characteristics.
A non-automatic weighing instrument is
defined as a weighing instrument requiring the intervention of an operator
This Directive applies to all non-automatic weighing
instruments, hereinafter referred to as 'instruments'.
(a) 1. determination of mass for commercial transactions;
determination of mass for the calculation of a
toll, tariff, tax,
bonus, penalty, remuneration, indemnity or similar type of payment;
determination of mass for the application of laws
expert opinion given in court proceedings;
4. determination of mass in
the practice of medicine for weighing patients for the purposes of
monitoring, diagnosis and medical treatment;
5. determination of mass
for making up medicines on prescription in a pharmacy and determination of
mass in analyses carried out in medical and pharmaceutical laboratories;
6. determination of price on the basis of mass for
the purposes of
direct sales to the public and the making-up of prepackages;
all applications other than those listed in point 2 (a) of this
1. Member States shall take all steps to
ensure that instruments may not be placed on the market unless they meet
the requirements of this Directive which apply to them.
States shall take all steps to ensure that instruments may not be put into
service for the uses referred to in Article 1 (2) (a) unless they meet the
requirements of this Directive which apply to them.
Instruments used for the applications listed in Article 1 (2) (a) must
satisfy the essential requirements set out in Annex I.
In cases where
the instrument includes or is connected to devices which are not used for
the applications listed in Article 1 (2) (a), such devices shall not be
subject to the essential requirements.
States shall not impede the placing on the market of instruments which
meet the requirements of this Directive which apply to them.
States shall not impede the putting into service for the uses referred to
in Article 1 (2) (a) of instruments which meet the requirements of this
Directive which apply to them.
1. Member States
shall presume conformity with the essential requirements referred to in
Article 3 in respect of instruments which comply with the relevant
national standards implementing the harmonized standards that meet the
essential requirements referred to in Article 3.
2. The Commission
shall publish the references of the harmonized standards referred to in
paragraph 1 in the Official Journal of the European Communities.
Member States shall publish the references of the national standards
referred to in paragraph 1.
Where a Member State or
the Commission considers that the harmonized standards referred to in
Article 5 (1) do not fully meet the essential requirements referred to in
Article 3, the Commission or the Member State concerned shall bring the
matter before the Standing Committee set up under Directive 83/189/EEC,
hereinafter referred to as 'the Committee', giving its reasons for doing
so. The Committee shall deliver an opinion without delay.
In the light
of the Committee's opinion, the Commission shall inform the Member States
whether or not it is necessary to withdraw those standards from the
publications referred to in Article 5 (2).
a Member State considers that instruments bearing the EC mark of
conformity referred to in Annex 2, sections 2, 3 and 4, do not meet the
requirements of this Directive when properly installed and used for the
purposes for which they are intended, it shall take all appropriate
measures to withdraw those instruments from the market or to prohibit or
restrict their being put into service and/or placed on the market.
Member State concerned shall immediately inform the Commission of any such
measure, indicating the reasons for its decision, and in particular
whether non-compliance is due to:
(a) failure to meet the essential
requirements referred to in Article 3, where instruments do not meet the
standards referred to in Article 5 (1);
of the standards referred to in Article 5 (1);
the standards referred to in Article 5 (1) themselves.
Commission shall enter into consultation with the parties concerned as
soon as possible.
After such consultation the Commission shall
immediately inform the Member State, which took the action, of the result.
Should it find that the measure is justified it shall immediately inform
the other Member States.
If the decision is attributed to shortcomings
in the standards, the Commission, after consulting the parties concerned,
shall bring the matter before the Committee within two months if the
Member State which has taken the measures intends
to maintain them, and
shall subsequently initiate the procedures referred to in Article 6.
3. Where an instrument which does not comply bears the EC mark of
conformity, the competent Member State shall take appropriate action
against whomsoever has affixed the mark and shall inform the Commission
and the other Member States thereof.
4. The Commission shall ensure
that the Member States are kept informed of the progress and outcome of
EC mark of conformity and inscriptions
Member States shall apply such provisions from 1 January 1993.
However, by way of derogation from paragraph 2, Member States shall permit
during a period of 10 years from the date on which they apply the
provisions referred to in
paragraph 1 the placing on the market and/or
putting into service of instruments which conform to the rules in force
before that date.
5. Directive 73/360/EEC shall be repealed
as from 1 January 1993, except as regards the application of paragraph 3.
The essential requirements that must be met by
the instruments referred to in Article 1 (2) (a) are set out below.
1. Units of mass
2. Accuracy classes
5. Weighing results of an instrument shall be repeatable, and shall be reproducible by the other indicating devices used and with other methods of balancing used.
The weighing results
shall be sufficiently insensitive to changes in the position of the load
on the load receptor.
6. The instrument shall react to small
variations in the load.
7. Influence quantities and time
DESIGN AND CONSTRUCTION
8. General requirements
9. Indication of weighing results and other weight values
10. Printing of weighing results and other weight values
Printed results shall be correct, suitably identified and
unambiguous. The printing shall be clear, legible, non-erasable and
13. Tare devices and preset tare devices
instruments may have one or more tare devices and a preset tare device.
The operation of the tare devices shall result in accurate zeroing and
shall ensure correct net weighing. The operation of the preset tare device
shall ensure correct determination of the calculated net value.
Instruments for direct sales to the public with a maximum capacity not
greater than 100 kg: additional requirements
Instruments for direct
sale to the public shall show all essential information about the weighing
operation and, in the case of price-indicating instruments, shall clearly
show the customer the price calculation of the product to be purchased.
The price to pay, if indicated, shall be accurate.
instruments shall display the essential indications long enough for the
customer to read them properly.
Price-computing instruments may
perform functions other than per-article weighing and price computation
only if all indications related to all transactions are printed clearly,
unambiguously and conveniently arranged on a ticket or label for the
Instruments shall bear no characteristics that can cause,
directly or indirectly, indications whose interpretation is not easy or
Instruments shall safeguard customers against
incorrect sales transactions due to their malfunctioning.
indicating devices and extended indicating devices are not permitted.
Supplementary devices are permitted only if they cannot lead to
Instruments similar to those normally used for direct
sales to the public which do not satisfy the requirements of this section
must carry near to the display the indelible marking 'Not to be used for
direct sale to the public'.
Price labelling instruments shall meet the requirements of
price indicating instruments for direct sale to the public, as far as
applicable to the instrument in question. The printing of a price label
shall be impossible below a minimum capacity.
(1) OJ No L 39,
15. 12. 1980, p. 39.
(2) OJ No L 2, 3. 1. 1985, p. 11.(3) OJ No L 33,
15. 2. 1980, p. 39.
1. EC type-examination
2. EC declaration of type conformity (guarantee of production quality)
3. EC verification
4. EC unit verification
5. Common provisions
Instruments subject to the EC conformity assessment procedure
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