ANNEX
Letter from First Secretary (Internal Market), United
Kingdom Permanent Representation to the European Union, to Free
movement of goods and public procurement section, European Commission
My authorities were grateful to you for the meeting on 28 January
which provided them with the opportunity to explain their proposals
for amending certain provisions of the Weights and Measures Act
1985.
My authorities hope that you found the discussion useful. As agreed,
they have reflected further upon this matter in the light of the
discussions, and in particular in relation to the points you and
your colleagues made in connection with Article 30 of the Treaty.
As you know the aim of my authorities' proposals is not to erect
barriers to trade but to try and introduce a degree of relaxation
to existing legislative provisions, which prescribe that it is
only an inspector of weights and measures within Great Britain
who can verify weighing and measuring equipment. The relaxation
would enable others to carry out verification. My authorities
see this as an important paving step towards even greater relaxation
as discussions with those responsible for legal metrology in the
European Union develop.
As my authorities understand your concerns, these centred solely
on that part of the proposals which would require verification
activities to take place in Great Britain. They have carefully
reflected on the points you made in discussion and have further
considered whether their proposals can be modified so as to remove
any effects which may indirectly constitute a barrier to trade;
potential effects which my authorities had not intended. Having
undertaken this further consideration, my authorities believe
that they are in a position to modify their proposals in such
a way that not only can manufacturers based outside Great Britain
apply for approval to self-verify their equipment (this had been
the intention under the existing proposals) but also if they are
granted approval to self-verify they can undertake verification
activities at their factory base. All those approved to self-verify
equipment, whether in Great Britain or elsewhere, will be subject
to the same conditions for that approval.
My authorities will be introducing these modified proposals, which
will be effected through both legislative and administrative means.
At the meeting a brief discussion was had about whether the proposals
would constitute a draft technical regulation within the meaning
of Directive 83/189/EEC on technical standards and regulations.
Again there was a useful discussion and I am advised that your
colleagues from DGIII agreed with my authorities that the latter's
view that the proposals are not notifiable was as valid an interpretation
as that held by DGIII. I understand that your colleagues concluded
at the end of the discussion that they considered that the proposals
fell into a "grey area".
My authorities have reflected upon the notification issue as well
since the meeting, carefully considering the proposals themselves
(including the modified proposals), the clear and precise wording
of the Directive and the caselaw of the European Court of Justice
to date, but they remain of the firm view that the proposals themselves
are not notifiable and they will not be notified.
Your colleagues in DGIII will be aware of the fact that my authorities
intend to introduce some parallel changes to part of their legislation
which concerns verification. Those changes do contain technical
specifications and as a consequence come within the definition
of draft technical regulation under the Directive. Those changes
have been notified in draft to the Commission under the Directive
and the standstill period has been observed (the draft technical
regulation in question being the Measuring Equipment (Liquid
Fuel and Lubricants) (Amendment) Regulations, the notification
number of which is 96/0481/UK). Of course my authorities will
ensure that any draft technical regulations which relate to verification
activities intended to be enacted in the future are similarly
notified.
7 March 1998
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