ANNEX
Proposal for the Deregulation (Weights and Measures)
Order 1998
Letter from the Clerk of the Committee to the National
Weights and Measures Laboratory
Quality Systems
We note that the Department has rejected the recommendation of
the previous Committee that applicants for self-verification should
have evidence of a quality system which has been certified by
a body accredited by UKAS. Given that the proposal provides for
self-verification by overseas manufacturers, the argument has
been made that such a requirement would make the system too inflexible.
However, the previous Committee also noted that the proposal did
not specify the standard of the quality system which an applicant
to become a licensed verifier would be required to adopt.
Although ITSA does not advocate making reference in the legislation
to a specific standard for quality systems, it believes that there
should be more specification of other elements such as management
review and internal audit. LACOTS supports the principle of self-verification
but continues to raise questions relating to the approval of quality
systems. It draws attention to a number of ways in which the involvement
of local authority inspectors in the approval of quality systems
should be more tightly specified in the proposed Order. In addition
it is noted that the application of the proposed quality systems
is limited to "end product inspection and test"; LACOTS
questions whether a formal link with the production process should
also be included.
The Department notes that the standards required for quality systems
will be the same for applicants within and outside GB (Explanatory
Memorandum, paragraph 66). In the light of the previous Committee's
concerns, and those expressed by ITSA and LACOTS, the Committee
would like further details as to why the Department believes there
is no need to make more detailed provision for the quality systems
required.
Self-verification by overseas manufacturers, installers and
repairers
The Committee notes that the previous proposal required all the
processes associated with self-verification to take place in GB.
In the Explanatory Memorandum for the previous proposal laid before
the Committee, it was stated that "Confidence in the [self-verification]
system can only be assured through on the spot effective enforcement.
It is not sufficient.... for the only sanction to be withdrawal
of the licence.....Confidence in the verification system also
requires inspectors to be able to conduct inspections at the place
where verification is carried out." (Explanatory Memorandum,
paragraph 55).
The Committee notes that a number of respondents to the consultation
exercise expressed concern that the criminal sanctions, inspections
and power of suspension of licence to self-verify would be applicable
to GB self-verifiers, but would not be applied to those overseas.
It would like to know how these provisions, deemed necessary for
GB manufacturers, would be applied to those overseas.
The proposed Order also appears to allow for self-verification
by overseas installers and repairers but no mention is made of
these groups in the Explanatory Memorandum. The Committee would
like to know how the proposed Order would be implemented relating
to overseas installers and repairers.
The Department clarified, in response to questions raised by John
Artis Ltd., that the right to apply to become a self-verifier
would extend to businesses outside the EU (Explanatory Memorandum,
paragraph 108). The Committee would like to know why this was
deemed necessary.
European Community Legislation
The Committee note that, by allowing self-verification by those
overseas, the Department has adopted a policy directly at odds
with the intentions expressed in the Explanatory Memorandum to
the previous proposal. Doubts were expressed by the Commission
about the previous proposal's compatibility with EC law. The Department
argued that the previous proposal was not notifiable to
the Commission under the Technical Standards Directive. The Committee
wish to know whether notification to the Commission has taken
place.
Pre-test stamping by self-verifiers
The Committee would like further details regarding how the Department
expects the quarantining of goods that are stamped but not yet
tested will be policed with regard to self-verifiers both in GB
and overseas.
The proposed Order would apply to Great Britain; the Department
notes that it is expected that the measure will be replicated
with respect to Northern Ireland. The Committee wish to confirm
when this will be done.
10 June 1998
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