14. MEASURING INSTRUMENTS
(23209)
6121/02
COM(02) 37
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Amended Draft Directive on measuring instruments.
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| Legal base: | Article 95 EC; co-decision; qualified majority voting
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| Department: | Trade and Industry
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| Basis of consideration: | SEM of 27 November 2002
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| Previous Committee Report: | HC 152-xxxii (2001-02), paragraph 4 (12 June 2002)
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| To be discussed in Council: | Not known
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| Committee's assessment: | Legally and politically important
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| Committee's decision: | Cleared
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Background
14.1 Measuring instruments include petrol pumps, beer
glasses, meters for water, gas and electricity and, in the field
of public protection, evidential breath analysers and exhaust
gas analysers. At present, such instruments are regulated on a
national basis. In September 2000, the Commission proposed a draft
Directive to harmonise regulation of measuring instruments, covering
a huge market which the Commission estimated at about 10% of Community
GDP, with the utilities sector (electricity, gas, water and heat
meters) accounting for about half of that.
14.2 The present document is an amended proposal from
the Commission , to be known as the Measuring Instruments Directive
(MID). As under the initial proposal, the amended text specifies
a list of measuring instrument categories currently widely regulated
in Member States. The effect of the proposal would be that, if
a Member State wished to continue to regulate any of the instruments
on the list, the instruments would have to comply fully with the
technical provisions of the MID. Member States would have the
option not to regulate categories or types of instruments on the
list.
14.3 The proposal would have effect only up to the stage
of placing the product on the market and putting it into use.
It does not include any obligation on Member States to ensure
that regulated instruments continue to remain in compliance with
the MID when in service. Continuing compliance may be a key requirement,
for example, for consumer protection or public safety, but that
would remain a matter for national legislation in each Member
State.
14.4 The proposal includes arrangements for a Measuring
Instruments Committee (MIC) to be able, amongst other things,
to modify the specified requirements for measuring instruments
as set out in annexes to the Directive.
14.5 When we considered the document last June[50]
we decided not to clear it but to await clarification of a number
of concerns, including the implications of the proposal for evidential
breath analysers and exhaust gas analysers, the status of the
MIC, and public procurement.
The Supplementary Explanatory Memorandum of 27 November 2002
14.6 The Parliamentary Under-Secretary of State for Science
and Innovation, Department of Trade and Industry (Lord Sainsbury)
tells us that matters have moved on in working group discussions
under the Spanish and Danish Presidencies. On the MIC he says
that the revised Commission proposal provides greater accountability:
the committee is now to be governed by regulatory comitology procedures
(whereby the Commission will be bound by qualified majority decisions
of Member States) on the issues of technical change, whilst leaving
the approval of documents dealing with international standards
under advisory comitology procedures (whereby the Commission is
advised by Member States). The Minister says the Government welcomes
this revision.
14.7 On evidential breath analysers (as used in drink-driving
cases) the Minister tells us that, because of complexities arising
from differences in Member States in both technical matters and
legal issues, a Presidency proposal that these instruments be
omitted from the scope of the Directive has been agreed. He says
the Government supports deletion of the relevant annex, as at
this stage considerable further effort would be needed to achieve
a workable procedure, and further delay would not be acceptable
in relation to all the other instruments.
14.8 As for exhaust gas analysers (EGAs) (as used in
the MOT test), the Minister says that agreed amendments mean Member
States will not now be stopped from regulating certain other peripheral
equipment outside the basic EGA, and so proper management of associated
data can be specified. He says this meets the Government's requirements.
14.9 On public procurement the Minister tells us that
there is agreement to delete the relevant provision. This means
that utilities buying meters will be governed as regards their
procurement activities only by the public procurement Directive
(either the current version or its prospective replacement). He
says this is preferable to having two Directives covering the
same ground.
14.10 The Minister summarises the significant amendments
to the draft as:
- deletion of Annex II, which covers non-mandatory test programmes,
such as electrical or humidity testing, and which will now be
dealt with separately by a harmonised standard;
- inclusion of a specific obligation to audit Notified Bodies
(which would be responsible for verification of new instruments);
- consultation with interested parties prior to formal procedures
of the MIC;
- modified annexes defining standards for different instruments;
- new provisions to clarify applicability to sub-assemblies;
to invite Member States to consult about related International
Organisation of Legal Metrology work; and to invite the Commission
to report on progress after five years;
- permission for Member States to make appropriate in-service
requirements; and
- to meet the request of industry, preservation of one of the
present Directives (75/33/EEC) in respect of cold-water meters
not covered by the proposal.
14.11 The Minister tells us:
"In general good progress has been made, and from the UK's
point of view the key issues have been resolved. A small number
of technical issues remain outstanding."
14.12 He also says:
"With the current progress it should be possible for a Common
Position to be reached and the agreement of the EP secured during
the first half of 2003, provided that the Greek Presidency affords
the Directive sufficient priority. The latest draft provides 24
months for transposition into national legislation with coming
into force following six months later. On this basis coming into
force would take place in the second half of 2005."
Conclusion
14.13 As the previous Committee reported, this is
a potentially important measure in terms of establishing the basis
for a Single Market in a significant area where the public is
totally reliant on effective regulation. We have noted the amendments
proposed in the revised draft and are grateful to the Minister
for the clarifications he has given us. We are now content to
clear the document.
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See headnote. Back
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