WEIGHTS AND MEASURES
THE MEASURING INSTRUMENTS (MATERIAL
MEASURES OF LENGTH) REGULATIONS 2006
(S.I 2006 No. 1267)
Notes for Guidance
July 2009
Version 4
AMENDMENT SHEET
Version / Date of change
2 December 2007
3 February 2009
4 July 2009
Sections affected
Schedule 4 - source of stickers
Revised Schedule 4 – markings and
inscriptions
Revised criteria for re-qualification
replaces para 87 and deletes para 88
Corrects error in Schedule 4
CONTENTS
Health and Safety at Work Act 1974
Foreword
Introduction
Background
Part I - Preliminary
Citation and commencement
Interpretation
Application
Part II - Placing on the market and putting into use of material measures of length
Compliance with the essential requirements
Conformity assessment procedures
Designation of United Kingdom notified bodies
Provisions supplemental to regulation 7
Fees
Marking and identification requirements
Conformity with other directives
Part III - Use for trade of material measures of length
Requirements for use for trade
Manner of use
Part IV - Enforcement
Enforcement authority
Compliance notice procedure
Immediate enforcement action
Disqualification
Re-qualification
Testing of material measures of length
Traceability
Unauthorised application of authorised marks
Powers of entry and inspection
Penalties for offences
Part V - Miscellaneous and supplemental
Adaptations for Northern Ireland
Schedule 1 - Essential requirements
Definitions
Allowable errors
Durability
Suitability
Protection against corruption
Information to be borne by and to accompany the material measure of length
Indication of result
Reference conditions
MPE
Materials
Schedule 2 - Notified Bodies
Part 1 – Criteria to be satisfied by designated bodies
Part 2 – Functions
Schedule 3 - Technical Documentation
Schedule 4 - Marking and Inscriptions
Schedule 5 - Adaptations for Northern Ireland
Schedule 6 - Work instructions etc for 3rd party verification
HEALTH AND SAFETY AT WORK ACT 1974
Nothing in these Notes for Guidance should be construed as overriding, amending or
deferring safety regulations and requirements issued by the Health and Safety
Executive (in Northern Ireland the Health and Safety Executive for Northern Ireland), in
connection with the conduct of persons and the condition and use of machinery and
equipment on any premises.
FOREWORD
The Measuring Instruments (Liquid Fuel Delivered from Road Tankers) Regulations
2006 implement Council Directive 2004/22/EC (―the Directive‖) in relation to material
measures of length within the category of material measures covered by the Directive.
The Regulations provide for the harmonisation of laws on material measures of length
within Member States, thereby creating a single market for them.
Eleven new measuring instrument regulations have been made to implement the
Directive. Ten of these have been written so that the types of instrument and their field
of application mirror the scope of regulations made previously under the Weights and
Measures Act 1985 and the Weights and Measures (Northern Ireland) Order 1981. A
separate regulation relates to instruments covered by the Directive, but not regulated
within the UK. These are referred to as ―non-prescribed instruments and the regulation
governing them provides a means by which UK manufacturers can be permitted to
undertake conformity assessment procedures on these instruments. This will allow them
to export to other Member States where the particular instruments are regulated.
There is also a distinction between measures relating to the measuring instruments
when they are first placed on the market (which are governed by the Directive) and the
in-service provisions, which are derived from existing national provisions. The
Regulations therefore apply both at the point at which the instrument is placed on the
market and include in-service testing and subsequent repair and requalification. However, the Regulations for non-prescribed instruments do not contain
UK in-service provisions. Non-prescribed instruments can be both first placed on the
market and subsequently used in the UK without control. Where non-prescribed
instruments are in use for trade in the UK and fall under the scope of the Weights and
Measures Act 1985 (in Northern Ireland the Weights and Measures (NI) Order 1981
(―the NI Order‖)they remain subject to Section 17 (in Northern Ireland Article 15 of the
NI Order) relating to false or unjust equipment or fraud.
The eleven new measuring instrument regulations are as follows:
 The Measuring Instruments (Automatic Discontinuous Totalisers) 2006 (S.I.
2006 no 1255)
 The Measuring Instruments (Automatic Rail-weighbridges) Regulations
2006(S.I. 2006 no 1256) as amended by The Measuring Instruments
(Amendment) Regulations 2006 (S.I. 2006 No 2625)
 The Measuring Instruments (Automatic Catchweighers) Regulations 2006
(S.I. 2006 No 1257) as amended by The Measuring Instruments (Amendment)
Regulations 2006 (S.I. 2006 No 2625)
 The Measuring Instruments (Automatic Gravimetric Filling Instruments) 2006
(S.I. 2006 No 1258)
 The Measuring Instruments (Beltweighers) Regulations 2006 (S.I. 2006 no
1259)
 The Measuring Instruments (Capacity Serving Measures) Regulations 2006
(S.I. 2006 no 1264)
 The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006
(S.I. 2006 no 1266)
 The Measuring Instruments (Material Measures of Length) Regulations 2006
(S.I. 2006 no 1267)
 The Measuring Instruments (Cold-water Meters) Regulations 2006 (S.I. 2006
no 1268) as amended by The Measuring Instruments (Amendment)
Regulations 2006 (S.I. 2006 No 2625)
 The Measuring Instruments (Liquid Fuel delivered from Road Tankers)
Regulations 2006 (S.I. 2006 no 1269)

The Measuring Instruments (Non-Prescribed Instruments) Regulations
2006 (S.I. 2006 No 1270) as amended by The Measuring Instruments
(Amendment) Regulations 2006 (S.I. 2006 No 2625)
The Regulations came into force on 30 October 2006 after which date new designs of
material measures of length placed on the market must comply with the their
provisions). This guidance is intended to assist manufacturers, notified bodies and
enforcement authorities in meeting the requirements of the Regulations.
A similar system of approval and verification of instruments has been operating
successfully for several years for non-automatic weighing instruments (NAWI) and
manufacturers have benefited enormously from its introduction, through savings in costs
on both approvals and verification, and through the widening of an easily accessible
market. This should also be the case with the Regulations.
It is anticipated that there will be a significant input from WELMEC, the European Cooperation in Legal Metrology, to the understanding and interpretation of the Directive.
WELMEC has already convened a number of working groups for this purpose.
WELMEC is considering questions of application and implementation, particularly in
areas of technical uncertainty and acts as a forum for seeking advice from the European
Commission on common issues. Information regarding WELMEC and its decisions can
be found at www.welmec.org.
INTRODUCTION
1. This guidance have been prepared to help explain the Regulations and is intended
for the assistance of all stakeholders concerned with observing or applying the controls
required by the Regulations relating to meter measuring systems that is manufacturers,
enforcement authorities, users and notified bodies designated under the Regulations.
Separate guidance has been produced for the other instruments listed above including
non-prescribed instruments.
2. This guidance is not, and does not purport to be, an authoritative interpretation of the
law. The law can only be interpreted by the Courts but the Secretary of State does have
certain powers to adjudicate, in Great Britain, when differences arise on interpretation of
Part III the 2006 Regulations (see section 15(4) of the Weights and Measures Act
1985). Where examples are given throughout this guidance, they represent an opinion
and do not form an authoritative interpretation. In case of any doubt, users of this
guidance are advised to seek their own independent, including legal, advice. This
guidance has been produced to provide clarification but does not cover every provision
of the Regulations in detail. This guidance will be amended and revised in response to
developing requirements.
3. The Commission (of the European Communities) may also issue guidance from time
to time on how the Directive should be interpreted and enforced in the Member States.
When such guidance is issued, attention will be drawn to it by means of appropriate
publicity channels.
4. 4 At the time of drafting this guidance the bi-lateral agreement between Switzerland
and the European Community has not been amended to include the Measuring
instruments Directive. It is expected that this amendment will be made in due course.
BACKGROUND
5. The Directive is a ―New Approach‖ Directive and was adopted by the EC Council of
Ministers in April 2004. It consists of 27 Articles, 14 annexes and 10 instrument specific
annexes.
6. Member States were required to implement the provisions of the Directive into their
national law by 30 April 2006 and to apply the new legislation with effect from 30
October 2006.
7. The Directive extends to all measuring instruments listed in Article 1 and provides
that Member States may prescribe use them for measuring tasks for reasons of public
interest, public health, public safety, public order, protection of the environment,
protection of consumers, levying of taxes and duties and fair trading where they
consider it justified. Following a public consultation it was decided that the UK
implementation should apply to areas covered by existing weights and measures
regulations only. Consideration about whether to extend the scope of the requirements
to previously unregulated instruments or applications may be the subject of further
consultation at a later date.
8. The Directive is the second "New Approach" Directive adopted in respect of
measuring instruments. The first was Directive 90/384/EEC (the NAWI Directive) and
relates to non-automatic weighing instruments and came fully into force in January
2003.
9. The Commission has issued guidance on New Approach directives in ―Guidance on
the implementation of directives based on the New and Global Approach‖ which can be
found at
http://ec.europa.eu/enterprise/newapproach/legislation/guide/document/1999_12
82_en.pdf
10. The principals of the Regulations are set out in the Commission Guidance as follows
:





Harmonisation is limited to essential requirements.
Only products fulfilling the essential requirements may be placed on the market
and put into service.
Harmonised standards, the reference numbers of which have been published in
the Official Journal and which have been transposed into national standards, are
presumed to conform to the corresponding essential requirements.
Application of harmonised standards or other technical specifications remain
voluntary, and manufacturers are free to choose any technical solution that
provides compliance with the essential requirements.
Manufacturers may choose between different conformity assessment procedures
provided for in the applicable directive.
11.
The references of harmonised standards are published in the C series of the
Official Journal of the European Union in the 27 official languages under the heading
"Commission communication in the framework of the implementation of Directive‖.
12. The "New Approach" to Technical Harmonisation is an important part of the process
for achieving the single market. It is intended to remove the technical barriers to trade
caused by differing national laws. Directives agreed under the New Approach allow for
the free movement (placing on the market and putting into service) in the Community of
goods that conform to the essential and other requirements of those Directives. Such
products carry the "CE marking" and no Member State is allowed to refuse complying
products access to its market. In this case, all compliant automatic measuring
instruments covered by the Directive have free movement throughout the Community.
13. In the Regulations it is important to distinguish between when instruments are first
placed on the market or put into service and requirements that relate to in-service
provisions. The first are requirements of the Directive. The second are national
provisions and will therefore apply only to Great Britain.
14. The Regulations apply to both of these aspects and will therefore cover the initial
placing on the market or putting into service of an instrument, its in-service testing and
subsequent repair and re-qualification. In line with existing regulations for liquid fuel
delivered from road tankers, the ―in service‖ provisions are limited to use for trade as
defined under section 7 of The Weights and Measures Act 1985. Northern Ireland has
its own in-service provisions.
15. The Directive provides an ‗optionality clause‘ This means that Member States may
prescribe the category and range of applications for measuring instruments they wish to
control. This will lead to a variation between Member States which will mean that for the
same use, instruments in some Member States will be regulated, whereas in other
Member States they will not.
16. For instruments not controlled in the UK, The Measuring Instruments (NonPrescribed Instruments) Regulations 2006 (S.I. 2006 No 1270) have been made which
permit UK manufacturers of such non-regulated instruments to demonstrate conformity
with the Directive for those instruments and so meet the legislative requirements for
placing them on the market in other Member States. For the scope of regulatory
provisions, manufacturers should consult the implementing regulations in other Member
States.
PART I
PRELIMINARY
17.
The Regulations have been made using powers under the European
Communities Act 1972 and, in relation to Part III, the Weights and Measures Act 1985.
The Regulations also extend to Northern Ireland except for Part III. Separate in-service
regulations will be drafted for Northern Ireland.
CITATION AND COMMENCEMENT
Regulation 1
18.
This gives the title of the Regulations and states the coming into force dates of
30 May 2006 for the regulations listed in 1(2) (essentially relating to the designation of
notified bodies) for the purpose of these regulations and 30 October 2006 for the
remaining regulations.
INTERPRETATION
Regulation 2.
19.
This gives definitions of many of the terms used in the Regulations. Other terms
may be defined where they appear or have the same meanings as in the Weights and
Measures Act 1985 or in Northern Ireland the Weights and Measures (NI) Order 1981.
20.
The following definitions are important to an understanding of the Regulations.
21.
Approved verifier - This is a term used in Regulation 23, and is not defined in
the Regulations. The interpretation of this phrase can be found in section 11(A)(1) of the
Weights and Measures Act 1985 (in Northern Ireland Article 9(3B) of the weights and
Measures (NI) Order 1981..
22.
Authorised representative - The manufacturer may appoint any natural or legal
person to act on his behalf as an authorised representative. The authorised
representative must be established in a Member State.. The authorised representative
must be authorised by the manufacturer, in writing, to act of his behalf, and he may be
addressed by the UK authorities instead of the manufacturer with regard the latter‘s
obligations under the Regulations. The manufacturer remains generally responsible for
actions carried out by an authorised representative on his behalf.
23.
Importer/person responsible for placing on the market - An importer (a
person responsible for placing on the market), for the purposes of the Directive, is any
natural or legal person established in the Community who places a product from a third
country on the Community market. The importer must ensure that he is able to provide
the market surveillance authority with the necessary information regarding the product,
where the manufacturer is not established in the Community, and has no authorised
representative in the Community. In line with Schedule 1 of the Interpretation Act 1978 a
person includes a body of persons corporate or unincorporated in that it applies to both
a natural or a legal person.
24.
Inspector - This term is used in Regulation 21 and means a person approved
pursuant to section 11(A) of the Weights and Measures Act 1985 (in Northern Ireland
Article 40 of the Weights and Measures (NI) Order 1981.
25.
Material measure of length
In the Regulations, a material measure of length is defined as an instrument comprising
scale marks whose distances are given in legal units of length. The definition of a
material measure from the Directive Annex I is a device intended to reproduce or supply
in a permanent manner, during its use, one or more known values of a given quantity.
From these two definitions, a material measure of length can be seen to be a device
fitted with permanent marks that indicate length in legal units.
The above definitions do not cover electronic instruments that measure length, e.g.
those based on lasers, ultrasonics, satellite positions, etc, so such instruments are not
covered by these regulations.
Similarly, material measures of length fitted with electronic or mechanical displays to
indicate length or differences in length do not fall within the definition of a material
measure of length and shall not be used for trade.
Material measures of length fall into one of three categories:
a. End measures - where the principal scale marks1 are formed by two
surfaces.
b. Line measures - where the principal scale marks are formed by two
lines, holes or marks
c. Composite measures - where one of the principal scale marks is a
surface and the other a line, hole or mark.
.
1
The principal scale marks are the two marks whose distance apart represents the ‘nominal length’ of the measure.
The ‘nominal length’ of a measure of length is the length by which that measure is designated.
26.
Notified Body means—
a. the Secretary of State; or
b. a United Kingdom notified body namely a person designated under
Regulation 7; and
c. for the purposes of regulations 4(1)(c), 18(1)(b), 20(1)(c) and 22(6), a
person designated by another Member State who has been notified to the
Commission and the other Member States pursuant to Article 11.1 of the
Directive.
APPLICATION
Regulation 3(1)
27.
The regulations apply to material measures of length for use for trade, as defined
in section 7 of the Weights and Measures Act 1985 (in Northern Ireland Article 5 of the
Weights and Measures (NI) Order 1981), which have been first placed on the market or
put into use on or after the 30 October 2006. The Regulations have similar in-service
provisions to those included in the existing regulations insofar as they are consistent
with the Directive.
28.
Regulations 3(1) sets out the measures that are lawful for use for trade in the UK.
It mirrors the requirements under the Weights and Measures Act 1985 (in Northern
Ireland Schedule 1 Part I paragraph 2 of the NI Order) and ensures that the placing on
the market provisions and the enforcement provisions which are the subject of national
not MID controls are identical.
Exclusions
Regulation 3(1)
29.
The regulations do not apply to measures that are used for non-trade purposes,
e.g. DIY. However, if their manner of use changes to that for trade, they will then
become subject to the Regulations.
30.
Dipping and strapping tapes are excluded from the Regulations because they are
special purpose tapes with a different error allowance regime from that of normal tapes.
They are used for the measurement of the height and circumference of storage tanks,
primarily in the oil/ petrochemical industry. These measures are covered by section 17
of the 1985 Weights and Measures Act (in Northern Ireland Article 15 of the Weights
and Measures (NI) Order 1981), i.e. they should not be false or unjust.
Regulation 3(2)
31.
The Regulations do not apply to a measure of length that has been first passed
as fit for use for trade and stamped before 30 October 2006 and is still in force and
which was first passed as fit for use for trade and stamped under :

The Measuring Equipment (Measures of Length) Regulations 1986, as amended
These measures stamped under those regulations may continue to be used for trade
until they are no longer fit for such use.
Regulation 3(3)
32.
The Regulations do not apply to instruments that have been first passed as fit for
use for trade before 30 October 2006 under the following regulations and have a
certificate of EEC pattern approval that is still in force:

The Measuring Instruments (EEC Requirements) Regulations 1988
33.
A certificate of approval referred to in Regulation 3(3) will remain valid until the
date on which they expire but no later than 29 October 2016 and may be modified up to
the date of expiry. Thus a material measure of length may continue to be used
indefinitely provided it complies with the expired certificate.
Regulation 3(4)
34.
Instruments not in conformity with the Regulations may be displayed or
presented at a trade fair, exhibition or demonstration if they are clearly marked to
indicate that they are not compliant with the essential requirements of the Regulations
and cannot be acquired or used until they have been made to comply by the
manufacturer.
PART II
PLACING ON THE MARKET AND PUTTING INTO USE OF MATERIAL MEASURES
OF LENGTH
35.
Placing on the market and putting into use are defined in Regulation 2. Placing
on the market means that a new type is made available for sale for the first time in a
member State. In order to be placed on the market, the type will need to have passed
the appropriate conformity assessment module(s). Conformity assessment is
undertaken by notified bodies. Before the instrument is first put into use by an end user,
the instrument must be initially verified and stamped by a notified body. This could be a
different notified body from that which undertook the conformity assessment.
Regulation 4(1)
36.
This regulation makes it an offence to first place on the market or put into use a
material measure of length to which the Regulations apply unless it:
a. Meets the essential requirements,
b. Has demonstrated conformity with these essential requirements and
c. Carries the CE marking, M marking and identification number of the notified body
which carried out the conformity assessment.
37.
In Regulation 4(1)(b) ―its‖ refers to ―the instrument‘s‖.
38.
The term placing on the market and putting into use are defined in the
Regulations and originate from the Directive. The requirements of Regulation 4(1) apply
only to when instruments are first placed on the market or put into use. Any subsequent
re-qualification is addressed by Part IV of the Regulations.
39.
It should be remembered that it is intended these Regulations apply only to
material measures of length that are being used for trade as defined in Section 7 of the
Weights and Measures Act 1985 (in Northern Ireland Article 5 of the Weights and
Measures (NI) Order 1981). This applies to instruments when they are first placed on
the market or re-qualified.
COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS
Regulation (5)(1)
40.
Manufacturers can use more than one method to demonstrate compliance with
the essential requirements. Regulation 5(1) lists some of these methods:a.
using any technical solution that complies with the essential requirements;
b.
correctly applying solutions set out in the relevant national standard; or
c.
correctly applying solutions set out in the relevant normative document,
and selecting and following one of the conformity assessment procedures referred to in
regulation 6.
Regulation 5(2)
41.
This includes the presumption that instruments which conform fully or in part to
relevant national standards or normative documents will be presumed to conform fully
or in part to the essential requirements. Relevant national standards and normative
documents for this purpose will be published by the Secretary of State, or the
competent authority in another Member State. Normative documents for material
measures of length, when identified by the Commission, will be published on the NWML
website at http://www.nwml.gov.uk/mid.aspx
42.
The appropriate OIML Recommendation for material measures of length is
Recommendation R35 (Edition 1985), which can be found on the OIML web-site at
http://www.oiml.org/publications/.
43.
Where conformity is only in part to relevant national standards or normative
documents then either alternative or parts of both documents, where available, should
be used to give full conformity or other technical solutions should be provided. Other
technical solutions could include the use of European standards which are not
harmonised standards and international standards such as OIML Recommendations
which are not normative documents.
CONFORMITY ASSESSMENT PROCEDURES
Regulation 6(1)
44.
The different conformity assessment procedures available to manufacturers are
set out as modules in the annexes of the Directive. These are numbered A to H1. The
options available to manufacturers for material measures of length are as follows:
B+D

D1

F1

G
H


The options above represent:

Type examination followed by declaration of conformity by the manufacturer
based on formal quality assurance of the production process (including test and
final inspection) as two separate processes (Modules B + D)

Declaration of conformity by the manufacturer based on quality assurance of the
production process (including test and final inspection) but without the need for
type examination (Module D1)

3rd Party verification but without the need for type examination (Module F1)

3rd Party verification for one off ‗bespoke‘ instruments which would otherwise
need type examination (Module G)

Declaration of conformity by the manufacturer based on quality assurance of the
design and production process (including test and final inspection) but without
the need for type examination (Module H)
45.
As an example, the manufacturer could submit his new type to a notified body for
type examination under conformity assessment module B. Following the granting of a
type approval certificate and if the manufacturer were an approved verifier, he could
carry out the initial verification himself under module D.
46.
The procedures that manufacturers must follow in order to meet the requirements
of the individual modules are considered in Schedule 1 to these guidance notes
47.
For further information on conformity assessment procedures and other aspects
regarding the interpretation of the Directive reference should be made to ―Guide to the
implementation of directives based on the New Approach and the Global Approach‖.
This document can be found at the following website:
http://europa.eu.int/comm/enterprise/newapproach/legislation/guide/index.htm
48.
For Module F1 under 6.1 and 7.2 of these Regulations the recommended tests to
be carried out for initial and subsequent verification should identified together with the
standards necessary to ensure traceability of measurement. This is particularly
important in the absence of harmonised standards and normative documents. See
Schedule 7 to this guidance.
49.
The EU Commission in relation to the Directive will publish relevant normative
references for material measures of length. They will include the presumption that
instruments which conform fully or in part to relevant national standards or normative
documents will be presumed to conform fully or in part to the essential requirements.
Relevant national standards and normative documents for this purpose will be published
by the Secretary of State, or the competent authority in another Member State.
Normative documents for material measures of length identified by the Commission will
be published on the NWML website.
50.
The appropriate OIML Recommendation for material measures of length is OIML
R35 (second edition: 1985) and contains the international recommendations for material
measures of length. It is currently being revised. It can be found on the OIML web-site
at http://www.oiml.org/publications/ .
51.
If OIML R35 becomes a normative document, compliance with the specified parts
of will give presumption of conformity with the essential requirements for the specified
parts of Annexes 1 and MI-008 of Directive 2004/22/EC. WELMEC will provide greater
details of the normative references in a guide yet to be published. Details will be
published on the NWML website when R35 becomes a normative document and
WELMEC publishes its guide.
52.
Where conformity is only in part to relevant national standards or normative
documents then either alternative, where available, should be used to give full
conformity or other technical solutions provided. Other technical solutions could include
the use of European standards which are not harmonised standards and international
standards such as OIML Recommendations which are not normative documents.
53.
When the Commission has published the normative document it will be for the
notified body to decide how to interpret the guidance.
Regulation 6(2)
54. Schedule 3 of the regulations outlines the nature of the technical documentation that
a manufacturer or his authorised representative must maintain. This information must
be provided to a notified body to enable them to carry out the relevant assessment. This
documentation must be provided in the language of the notified body or any other
language acceptable to it in compliance with paragraph 10(1)(a) of Part II of Schedule 2.
DESIGNATION OF UNITED KINGDOM NOTIFIED BODIES
Regulation 7(1)
55. Under Article 11 of the Directive, notified bodies are required for the tasks relating to
the conformity assessment of modules A to H1 (see paragraph 44 of this guidance for
those relevant to material measures of length). The criteria for designation of these
bodies in accordance with Article 12 are included in Schedule 2 Part 1 of the
Regulations
Regulation 7(2)
56. If an organisation meets the requirements of Schedule 2 Part I, the Regulations
permit the Secretary of State to designate a person, whether that is a person resident or
incorporated or carrying on a business in the United Kingdom or any other type of
person e.g. a local weights and measures authority, to be a UK notified body. The
definition of a notified body includes a person although it would appear unlikely that an
individual person would be appointed. Where the designation is in respect of a particular
description of a meter measuring system, the Secretary of State must be satisfied that
the applicant meets the criteria as respects that instrument. As with the definition of an
importer and in line with Schedule 1 of the Interpretation Act 1978, a person includes a
body of persons corporate or unincorporated in that it applies to both a natural and a
legal person. The application form for bodies applying to be designated as a United
Kingdom notified body under Regulation 7 can be found at:
http://www.nwml.gov.uk/Docs/Legislation/MID/notified%20body%20application%20form
%20sept%2005.pdf
Regulation 7(3)
57. If a person applying to be a notified body operates an approved quality system under
a relevant harmonised standard, e.g. EN 17025/17020 and EN45011/45012 he shall be
presumed to meet the criteria of the Directive only to the extent that the standard
corresponds with the criteria of the Directive. The application form for persons applying
to be designated as a notified body under Article 11 and bodies wishing to extend their
current status to include conformity assessment tasks in the Directive can be found at::
http://www.nwml.gov.uk/Docs/Legislation/MID/MID%20NOTIFIED%20BODY%20APPLI
CATION%20GUIDANCE.pdf
Regulation 7(4)
58. Designations under the Regulations must be in writing which may be in either
electronic or hard copy format. They may include conditions such as the scope of the
designation.
Regulation 7(5)
59.
In addition to the criteria in Schedule 2 Part I of the Regulations the Secretary of
State may consider any matter appearing to him to be relevant prior to designating a
person to be a UK notified body under Regulation 7. The functions of a notified body are
set out in Regulation 8 and Part 2 of Schedule 2 to the regulations and in Schedule 2 of
this guidance.
PROVISIONS SUPPLEMENTAL TO REGULATION 7
Regulation 9
60.
The provisions of Regulation 9 deal with the publication of lists of notified bodies
and the inspection of notified bodies. The Secretary of State will periodically carry out
an inspection of UK notified bodies. The purpose of that inspection shall be to verify
whether the notified body meets the notified body criteria and complies with any
designation to which it is subject and complies with the Regulations. It is important to
remember that although such an inspection may result in a visit to a manufacturer, it is
the notified body that will be being inspected, not the manufacturer.
Regulation 9 (1)
61. The Secretary of State will publish a list which specifies for which instruments the
notified body is designated and any conditions to which it is subject. These details will
be available on the NWML website at nwml.gov.uk under the enforcement.
62. The European Commission also publishes a list of notified body numbers which
gives details of the notified body and the instruments on the NANDO website. For MID
instruments click on
http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=directiv
e.annex&dir_id=125641&type_dir=NO%20CPD
Search by Annex for the relevant declaration of conformity and then by instrument type
Search by country and then by notified body number to give name and directives and
for MID both the instruments for which it has been notified and the applicable
procedures/annexes
63.
This site will enable you to find the European notified bodies as well as thirdcountry bodies designated under formal agreements [Mutual Recognition Agreements
(MRAs), Protocols to the Europe Agreements on Conformity Assessment and
Acceptance of Industrial Products (PECAs) and European Economic Area (EEA)]
responsible for carrying out the conformity assessment procedures referred to in the
application
FEES
Regulation 11
64.
This Regulation permits notified bodies (which includes the Secretary of State) to
charge such fees in connection with or incidental to carrying out of conformity
assessments or specific tasks as it may determine.
65. Section 56 of the Finance Act 1973 requires the Secretary of State to define by
statute the fees he charges for certain tasks to be carried out in relation to EU
commitments/obligations. The Measuring Instruments (EEC Requirements (Fees)
(Amendment No. 2) Regulations 2006 (S.I. 2006 No 2679) add the MID Regulations to
the existing list of regulations contained in the Measuring Instruments (EEC
Requirements (Fees) Regulations 2004 (S.I. 2004 No 1300).
66. The Regulations do not govern the fees that may be charged by other Notified
Bodies other than identifying broad parameters in which all notified body fees should be
set. The Regulations do not govern other duties undertaken by local authorities relative
to the Regulations i.e. in service inspection, subsequent re-qualification and market
surveillance.
Regulation 11(4)
67. Provides that, in cases where fees charged after work is completed or payment of
fees requested in writing have not been paid within a period of 28 days, the notified
body may give 14 days notice in writing that the certificates or notification appropriate to
the conformity assessment will be suspended until the fees have been paid.
MARKING AND IDENTIFICATION REQUIREMENTS
Regulation 12
68. Schedule 4 to this guidance describes the CE marking, supplementary metrology
(M) marking and the identification number of the notified body concerned with the
conformity assessment, which must be affixed to each instrument so as to be visible
and legible. The M mark denotes that the instrument is regulated by one of the
metrology directives.
69. It should be noted the supplementary markings are different from those in the NAWI
Directive 90/384/EEC. For the purposes of the Directive, the M marking does not have
to be on a green background as it does under 90/384/EEC but it must be accompanied
by the last two digits of the year in which it is affixed. See drawings in Schedule 4 to this
guidance.
CONFORMITY WITH OTHER DIRECTIVES
Regulation 13
70. Where a material measure of length falls within the scope of other directives which
provide for the affixing of the CE marking the CE marking affixed to the material
measures of length shall, in addition to conformity with the Measuring Instruments
Directive, indicate conformity with those other directive which provides for the affixing of
the CE marking.
PART III – USE FOR TRADE OF MATERIAL MEASURES OF LENGTH
REQUIREMENTS FOR USE FOR TRADE
71. This part only applies to all material measures of length in use for trade once they
have been placed on the market and put into use in Great Britain (see Part V regarding
Northern Ireland). It applies irrespective of whether the instrument was attested under
these Regulations or the corresponding regulations issued by another Member State.
72. This part of the Regulations is made under section 15 of the Weights and Measures
Act 1985.This part of the Regulations prescribes the requirements for use for trade of
meter measuring systems and, for the avoidance of doubt, prescribes meter measuring
systems for the purposes of section 11(1) of the Act once put into use. The enforcement
provisions of Part IV of the Regulations make reference to Regulation 14 in Part III by
providing the inspector or approved verifier with the criteria under which a
disqualification or re-qualification sticker may be applied to a meter measuring system.
Only an inspector of weights and measures can apply a disqualification mark to a meter
measuring system. The activities of an approved verifier are controlled by an approval
issued by the Secretary of State under section 11A of the Weights and Measures Act
1985. Approved verifiers must apply to the Secretary of State to have any material
measure of length covered by the Regulation that they propose to re-qualify added to
the appendix that accompanies their approval.
Regulation 14
73. This Regulation requires instruments to continue to meet the essential requirements
in-service. There are separate values for maximum permissible errors.
74. 14 (a) requires the instrument to be compliant with the essential requirements in
Schedule 1 other than the error limits specified in that schedule. It should be noted that
many of the requirements of Schedule 1 will have been checked during the conformity
assessment. For example, if module B has been used, many of the essential
requirements will have been tested during the type examination. It may then only be
necessary to check the conformity of the measuring instrument to the type approval
certificate.
75. 14 (b) Note that the maximum permissible errors (MPEs) for in-service use are twice
those for conformity assessment and initial verification, which are specified in Schedule
1, paragraph 14.
MANNER OF USE
Regulation 15
76. Where an automatic gravimetric filling instrument is marked with a temperature
range it shall not be used for trade in temperatures outside that range.
77. 15(1) Temperature Where a temperature range is not specified, conformity
assessment tests ensure that approved measures do not exceed the maximum
permissible error for temperature excursions of ±8°C about the reference temperature,
usually 20°C or the temperature indicated on the measure (Schedule 1, paragraphs 15
and 13(2) respectively).
78. 15(3) Environmental or other influences A measure should not be used in such a
manner that its accuracy is adversely affected. For example, measures made from
wood can swell when wet and undergo irreversible dimensional changes.
PART IV ENFORCEMENT
ENFORCEMENT AUTHORITY
Regulation 16
79. All enforcement of these regulations will be under the European Communities Act.
The powers of the Weights and Measures Act (in Northern Ireland the Weights and
Measures (NI) Order 1981) do not extend to enforcement for these regulations.
Regulation 16(1)
80. This Regulation imposes a duty on every local weight and measures authority in
Great Britain to enforce the Regulations within its area. (In Northern Ireland the
enforcement authority is the Department of Enterprise, Trade and Investment).. It also
gives an authority to the Secretary of State to enforce Part II of the Regulations and for
that purpose gives him the power to appoint any persons to act on his behalf. The
power of the Secretary of State is independent of a weights and measures authority and
is to ensure the Secretary of State is able to fulfil his obligations to conduct market
surveillance. Those authorised by the Regulation are referred to as ―enforcement
authorities‖.
COMPLIANCE NOTICE PROCEDURE
Regulation 17
81. In cases where the enforcement authority has established that the CE marking
and/or M mark have been inappropriately affixed for an instrument that has been placed
on the market or put into use, it may serve a notice on the manufacturer or his
authorised representative requiring him to end the infringement. It must be noted that
this power rests with an enforcement authority, not with an officer of that authority. It
therefore does not limit the issuing of these notices to inspectors.
82. It should also be remembered that the application of the CE and the M marking
confirm compliance with the essential requirements in Schedule 1 of the Regulations
when the instrument was placed on the market or put into use. This will include
selecting and following one of the conformity assessment routes. Any contravention that
falls outside of these definitions is not caught by the compliance notice procedure.
IMMEDIATE ENFORCEMENT ACTION
Regulation 18
83. An enforcement authority has powers to take action pursuant to this Regulation
where it has reasonable grounds for considering that either:
(a) the requirements of a compliance notice procedure have not been complied
with; or
(b) that a material measure of length which has been placed on the market or put
into use, does not bear on it or more of the CE marking, the M marking and the
identification number of the notified body which carried out the conformity
assessment procedure in respect of that instrument; or
(c) a material measure of length bearing the CE marking and the M marking does
not meet all the essential requirements when placed on the market, or properly
installed and put into use in accordance with the manufacturer‘s instructions.
84. The Secretary of State will publish particulars of any notice issued withdrawing a
certificate or notification. It is expected that this will take the form of advice to trading
standards officers/interested parties and published on the NWML website
(www.nwml.gov.uk)
DISQUALIFICATION
Regulation 20
85.
It should be noted that the maximum permissible errors for instruments (mpes) in
use for trade are those in Table 1 of Part 2 of Schedule 5 of the Regulations not those in
Schedule 1 paragraph 3.
86. In cases where an instrument has been altered and the inspector has been notified
in writing of the alterations a disqualification sticker will be required in all cases where
the instrument no longer meets the essential requirements.
RE-QUALIFICATION
Regulation 21
87.
It is important to contrast this process with that initially placing a measure on the
market for the first time which requires the involvement of a notified body. Requalification may be by an inspector of weights and measures or by an approved
verifier, e.g. the manufacturer or a repairer.
88. Re-qualification is the process by which either an inspector or an approved verifier
assesses compliance of the instrument after it has or could have been disqualified and
returned to conformity with the essential requirements. This means that the mpes will be
those applicable to first placing the instrument on the market.
TESTING OF MATERIAL MEASURES OF LENGTH
Conformity assessment/verification
89. The Regulation does not stipulate a test procedure for conformity assessment or
verification. It only stipulates that an instrument must comply with the essential
requirements. The use of a harmonised standard or normative document will
demonstrate compliance with the essential requirements.
90. The Regulations do not stipulate a verification procedure. They only stipulate that an
instrument must comply with the essential requirements. The use of a harmonised
standard or normative document will demonstrate compliance with the essential
requirements.
91. It should be noted that OIML R35 is not yet a normative document but it does
represent a recognised and consistent method of conformity assessment. R35 is
currently being revised and when complete will form the basis on which the normative
document will be derived. The latter will be published once this process is complete.
92. Where third party testing is carried out in accordance with Modules F1 or G, the
testing requirement is specified in the harmonised standard or normative document. In
the absence of these documents, the Notified Body is responsible for specifying the
appropriate tests to be used for the purposes of Sections 6.1 and 7.2 of Annex F1 or
Section 4 of Annex G to the Directive.
Testing for conformity assessment
93. The tests chosen are the responsibility of the notified body and cannot be described
here. Notified bodies are likely to select the tests described in OIML R35 (when revised
and published) using the requirements specified in the Regulations, where appropriate.
The MPEs are specified in Schedule 1, paragraph 14.
Testing for initial or subsequent verification
94. The MPEs specified in Schedule 1, paragraph 14 are used as the basis for initial
verification tests. The same MPE limits would normally be used for subsequent
verification unless specified differently elsewhere, e.g. normative document.
Testing for in-service inspection
95. There is no explicit section on testing material measures of length as part of inservice inspection. Regulation 23 (1) (a) empowers an enforcement officer to inspect
and test a measure in such a manner as he considers appropriate. There is a similar
requirement for re-qualification in 21 (3) where he may also use any test equipment he
considers appropriate. Guidance on testing measures will be given in the revised
version of OIML R352 (when published).
96. For in-service tests, the MPEs are specified in Regulation 14(b); they are twice the
initial verification MPE limits specified in Schedule 1, paragraph 14. NWML
recommends that measures of length should be tested by comparison with an
appropriate local or working standard linear measure using equipment and under
conditions which are appropriate to the degree of accuracy required, taking the following
factors into account:
a.
The ambient temperature, when the standard and the measure of length
being compared are of different materials;
b.
The tensioning and support of flexible measures of length; and
c.
The method of magnification for viewing.
97. Earlier guidance given by NWML is:
a.
An inspector may use a spring balance or other suitable means of
determining the tension or pull in testing a tape or linked measure in those cases
where it is impracticable to employ a dead weight on a pulley;
b.
A local standard 30 m, or longer, sub-divided steel tape should not be
used for testing measures of 3 m or under.
2
Material measures of length for general use, OIML R35, www.oiml.org/publications
Points of note for manufacturing and testing
98. The following points are NWML recommendations to manufacturers and testers
based on experience with the old approach directive.
a. Effects of ends It is recommended that the free ends of end and composite
measures are flat and are provided with a band or tip resistant to wear.
b. Effects of joints Folding rules are not permitted to belong to Class 1 uncertainty.
For folding rules in Classes 2 and 3, the sum of the errors due to the joints alone,
between the end surface and any point, is not permitted to exceed 0.3 mm and
0.5 mm respectively.
c. Handles, end-rings and hooks
i.
Directive 73/362/EEC required handles, rings or hooks on the free ends
not to be included in the nominal length for some categories of tape measure.
The MID has no such requirements so a manufacturer is free to adopt his own
solutions.
ii.
In the case of handles or rings, it is recommended that an inscription on
the blade states whether or not they are included in the nominal length.
iii.
Traditionally, in the case of a sliding end-hook, the hook slides by a length
equivalent to its thickness, so that both hook-on and butt-on measurements are
equally accurate. In the case of a fixed end-hook the thickness of the hook uses
up some of the permissible error. It is recommended that these practices
continue.
d. Inscriptions The mandatory inscriptions are given in Schedule 1, paragraph 10.
The regulations do not stipulate where the inscriptions should be placed but it is
recommended that they are placed near the beginning of the blade, preferably
within the first 20 cm.
e. Tape cases intended for internal measurements
i. A pocket clip, if fitted, must not obscure the dimensions marked on the
side of the case.
ii. A strap, if fitted, must not interfere with measurements (it must not prevent
the end of the case from touching the object being measured).
TRACEABILITY
99. The instruments and standards used in testing must be traceable to national
standards. The hierarchy of traceable standards used is shown in Figure 1.
LASER FREQUENCY
NPL3
Frequency of NWML laser determined
by beating against an iodine stabilised
He-Ne reference laser operated in
accordance with the recommendations
of the CGPM
Uncertainty
1 part in 1010
WAVELENGTH OF LASER
NWML4
Determined at the time of measurement
from the defined velocity of light and the
refractive index of the atmosphere
COMPARATOR BENCHES
Uncertainty
NWML
NWML length benches of 2.3m for rigid
line measures and 50m for flexible line
measures
1 part in 106
LOCAL STANDARDS
LATSD5
Line measures generally complying with
the requirements of OIML R35 Class I
MPE: 0.01% 0.02%
WORKING STANDARDS
LATSD
TRADE
3
Line measures generally complying with
the requirements of OIML R35 Class II
MPE: 0.02% 0.05%
MPE
National Physical Laboratory: the government owned, contractor operated laboratory charged with maintaining and disseminating the highest level
measurement standards in the United Kingdom
4
National Weights and Measures Laboratory – within the Department of Trade and Industry the organisation that administers weights and measures
legislation on behalf of the Secretary of State
5
Local Authority Trading Standards Department – locally based organisation which deals with verification and surveillance of measuring
equipment in use for trade
TRADERS‘ MEASURES
Class I: 0.01% 0.02%
Measures of length complying with the
Class II: 0.02% requirements of SI 2006/1267 Classes I,
0.05%
II & III
Class III: 0.03% 0.09%
Figure 1: Hierarchy of traceability of length standards
UNAUTHORISED APPLICATION OF AUTHORISED MARKS
Regulation 22
100. Any material measure of length in use for trade but not marked with the notified
body number, CE mark and M mark and put in use on or after 30 October 2006 may be
disqualified unless it can be demonstrated that the instrument is not subject to the
Regulations.
POWERS OF ENTRY AND INSPECTION
Regulation 23
101. It is important to consider the definition of Enforcement Officer. It is either an
inspector as defined in the Weights and Measures Act (in Northern Ireland the Weights
and Measures (NI) Order 1981, or a person appointed by the Secretary of State to act
on his behalf to enforce Part II of the Regulations.
102. It should be noted that this Regulation gives an enforcement officer the authority
to inspect and test a material measure of length but it is only an inspector of weights
and measures that may reject the instrument if it is found not to comply with the
regulations. The enforcement authority does have the power to issue a compliance
notice (regulation 19) or take immediate enforcement action (regulation 20) if the
requirements of those regulations are not met.
103. The powers under regulation 26(1) should be contrasted with those existing in
relation to the Non-automatic Weighing Instruments Regulations 2000. The latter give
an authorised officer an extra power to inspect relevant quality systems. A similar power
has not been included in these regulations. This means that an enforcement officer will
not have the power to look at the quality systems that a manufacturer, installer or
verifier may be using when engaging in conformity assessment procedures of their own
instruments. Where this becomes a necessity, such action may be authorised as part of
a market surveillance exercise.
104. It should be noted that there is no clause in these regulations that allows a
person to refuse to give information if it may incriminate them. This should be
contrasted with the NAWI regulations, which do contain such a clause.
PENALTIES FOR OFFENCES
Regulation 25
105. The enforcement provisions for these Regulations have been made under the
European Communities Act the maximum penalty is a fine not exceeding level 5 on the
standard scale levied on summary conviction. The scale has 5 levels, each
corresponding to a certain amount. This means that the level of fines can be updated
by changing the value of each level, without the need to amend the legislation relating
to each separate offence. The current values of the standard scale are section 37 of
the Criminal Justice Act 1982, which provides as follows:
Level on the scale
1
2
3
4
5
Amount of
fine
£200
£500
£1,000
£2,500
£5,000
106. This penalty avoids the threat of imprisonment previously applicable to offences
made under the Weights and Measures Act 1985.
PART V - MISCELLANEOUS AND SUPPLEMENTAL
ADAPTATIONS FOR NORTHERN IRELAND
Regulation 30
107. The regulations apply to Northern Ireland, subject to Schedule 5. This means that
these Regulations apply the requirements relating to placing on the market to the whole
of the UK. However, the in-service provisions relate to Great Britain. Northern Ireland
will make in-service provisions for material measures of length.
SCHEDULE 1
ESSENTIAL REQUIREMENTS
108. There are two elements to the essential requirements. Annex 1 of the Directive
outlines the essential requirements with which all measuring instruments must comply.
Annex MI-008 covers the specific requirements relating to material measures of length.
109. The essential requirements are specified in Schedule 1 to the Regulations for
material measures of length to which the regulations apply. The two sets of essential
requirements, i.e. general and specific, have been combined together to provide a more
consistent presentation of the requirements and detail which is not particularly relevant
to measures of length has been left out.
110. The preamble to Annex I of the Directive, see below, should be noted as it sets
out the underlining principle behind the essential requirements:
‗A measuring instrument shall provide a high level of metrological protection in
order that any party affected can have confidence in the result of measurement,
and shall be designed and manufactured to a high level of quality in respect of
the measurement technology and security of the measurement data.‘
111. The essential requirements are somewhat less specific than previous controls on
meter measuring systems under UK national Regulations. For instance, the method of
testing is not specified, therefore, this could be those specified in the forthcoming OIML
R35, which has yet to be published. The test method and the standards to be used for
testing would be determined by application of the relevant harmonised standard or
normative document, where available, or by the notified body appropriate for the
particular conformity assessment module. Notified bodies responsible for quality system
certification would be looking to ensure that appropriate equipment, traceable to
national standards, was being used by trained personnel to carry out checks and tests
on the material measure of length.
112. Schedule 1 details all the essential and instrument-specific requirements to which
the material measure of length should conform for conformity assessment and
initial/subsequent verification. Some might be checked by an inspector during an inservice inspection or authorised verifier following repair but many of them are normally
only tested during conformity assessment.
DEFINITIONS
113.
These are the same as appear in the Directive. One important
term that is not defined in the MID is tractive force:
―Tractive force‖ means the tension to which certain types of material measure should
be subjected before their indicated measurements may be relied upon.
ALLOWABLE ERRORS
Paragraph 3
114. 3(2) ―Bilateral value‖ means a value that can be plus or minus about the true
measurement value.
DURABILITY
Paragraph 6
115. Where an end measure or composite measure is made of wood or other material
of durability equal to or less than that of wood, it is recommended that the terminal
surfaces have metal tips which are securely fixed to the wood or other material.
SUITABILITY
Paragraph 8
116. Earlier legislation, e.g. SI 1996/1682, specifies the materials from which
measures of length shall be made. Directive 73/362/EEC specifies the metrological
requirements for measures of length made from certain types of material, i.e. steel and
fibreglass. SI 1986/1682 requires measures to be made of carbon steel, brass,
aluminium alloy, glass-reinforced or opaque plastics, wood or any other material of
adequate stability. The MID requires only that the material shall be stable, robust and
suitable for the conditions for which it is intended (Schedule 1, paragraphs 6 & 8).
117. Whether or not a material is sufficiently strong and resistant to abrasion, say, is a
matter for the notified body to determine. A measure that is too lightly constructed or is
too soft to satisfy this regulation could be rejected by a notified body. O‘Keefe6
summarises NWML decisions made in the past on the suitability of materials as:
a. Suitable
 Hardwoods of box, degame, maple, apple, pear, whitebeam,
sycamore, iroko, makore and muninga, provided their moisture content
does not exceed 15%
 White nylon
 Chromium plated measures provided the graduations are sufficiently
deep so as to remain clearly visible if the plating should peel away.
b. Not suitable
6
O’Keefe, The Law of Weights and Measures



Highly inflammable materials
Cane
Vulcanite
PROTECTION AGAINST CORRUPTION
Paragraph 9
118. Correct design can prevent or reduce the risk of fraud. Frauds or mischiefs that
have been encountered in trade use include:
a.
Forged verification marks;
b.
Incorrect tensioning, either over-stretching or under -stretching, dependent
upon the context;
c.
'Worn' ends;
d.
'Broken' measures, not very well repaired (metre sticks);
e.
Spurious graduations caused by hack-saw or other blades, typically on
brass measures on shop counters.
Some of these can be countered by design such as the fitting of metal tips to the end of
wooden measures but others may only be detected through enforcement activities.
INFORMATION TO BE BORNE BY AND TO ACCOMPANY THE MATERIAL MEASURE OF LENGTH
Paragraph 10
119. 10(1)(d) & 10(3)(a) The rated operating conditions include the tractive force,
which should not be exceeded in normal use. If it is greatly exceeded, permanent
stretching could result. This value of the tractive force is also a guide for testing during
conformity assessment. conditions of use;. The tractive force should be printed on the
blade to comply with paragraph 10(1)(d) and 10(3)(a).
120. The regulations do not specify where the inscriptions should be placed on the
measure. It is recommended that they should normally be positioned from the beginning
of the blade onwards.
INDICATION OF RESULT
Paragraph 11
121. Directive 73/362/EEC had various requirements for scale marks and numbering.
These regulations have no specific requirements apart from those in paragraph 11. A
manufacturer is free to choose his own numbering or marking scheme provided it is
clear, unambiguous, easy to read and durable.
REFERENCE CONDITIONS
Paragraph 13
122. The reference conditions are the conditions under which the measure should be
tested for conformity assessment or verification.
123. 13(1) - although the Regulations ―recommend‖ a default tractive force of 50 N,
the manufacturer is basically free to choose the tractive force under which the accuracy
should be tested. Manufacturers normally ensure that a change of 10% in the tractive
force does not cause a variation in length that exceeds the MPE. Directive 73/362/EEC
specifies tractive forces of 20 N for tapes made of fibreglass or plastic and 50 N for steel
tape measures. Manufacturers selecting these values would be unlikely to be
challenged.
124. 13(2) – the Regulations ―recommend‖ a default reference temperature of 20°C
but again the manufacturer is free to declare any reference temperature of his choosing
provided it is marked on the measure and provided all of the MPE requirements are met
for temperature excursions ±8°C about it. Manufacturers should be aware that,
depending on the conformity assessment module(s) used, test houses might not have
the ability or the accreditation to test at temperatures other than 20°C.
MPE
Paragraph 14
125. 14(1) – where the length in question is less than 1 m, L is taken to be 1 m.
126. 14(4) – the supplementary errors due to jointing are specified for the measure as
a whole; they are not the supplementary error per joint.
MATERIALS
Paragraph 15
127. 15(1) See the comments for Schedule 1, paragraph 13 above.
128.
15(2) See the comments for Schedule 1, paragraph 8 and regulation 15 above.
SCHEDULE 2
NOTIFIED BODIES
PART 1 – CRITERIA TO BE SATISFIED BY DESIGNATED BODIES
129. This Schedule sets out the criteria that a notified body must meet in order to
satisfy the Secretary of State that the body is suitable to be designated a notified body
under the Regulations. This includes demonstrating that the body, its director and staff
involved in conformity assessment are professional and not subject to financial
inducements, has at its disposal all the staff and facilities necessary to carry out the
conformity assessment in a proper manner, will be impartial and observe professional
secrecy and holds adequate civil liability insurance.
130. Where the body sub-contracts specific tasks, it will need to ensure that the subcontractor meets the requirements of the Regulations. The body must keep relevant
documents assessing the sub-contractor‘s qualifications and the work carried out by him
under these regulations at the disposal of the Secretary of State.
131. The applicant body shall demonstrate that it meets the core criteria set out in the
Directive. If an applicant applies in the UK it is the Secretary of State acting via the
NWML that will assess whether an organisation meets the core criteria necessary to
enable them to act as a notified body
132. The following standards act as guidelines for the operation of various notified
bodies.
The ISO/IEC 17000 Series
133. Council Decision 93/465/EEC set out the general framework for the assessment
of notified bodies. It includes the policy that Member States should use the EN 45000
series of standards as the basis for the assessment of an applicant body against the
core criteria.
134. These standards are being replaced progressively by standards in the
ISO/IEC17000 series and the standards that are relevant for these guidelines are listed
below. They are referred to collectively as the ‗conformity assessment body standards‘.
The conformity assessment body standards cover different types of body but in general
terms they have a similar structure, consisting of parts dealing with the organisation and
management of a body and parts dealing with the technical requirements relating to the
operation of the body in the areas of testing, inspection, product certification and
management systems assessment.

BS EN ISO/IEC 17025:2005 General requirements for the competence
of testing and calibration laboratories (The contents of this standard differ
considerably from BS 45001:1989 that it has superseded.)

BS EN ISO/IEC 17020:2004 General criteria for the operation of
various types of bodies performing inspection (This standard has
superseded BS EN 45004:1995 but the contents are identical.)

BS EN 45011:1998 General requirements for bodies operating
product certification Systems

BS EN 45012:1998 General requirements for bodies operating
assessment and certification/registration of quality systems.
(This standard will be superseded by ISO/IEC 17021.)
PART 2 – FUNCTIONS
135. The notified body is required to assess the application from the manufacturer for
a certificate of conformity, design or type examination certificate or notification (approval
of the manufacturers‘ quality system) taking account of the actual or usual environment
of the meter measuring system together with any other technical criteria appearing to it
to be relevant.
136. Paragraph 9(5), requires a notified body designated under Regulation 7 to send a
copy of;
a.
b.
c.
a certificate of conformity
a design or type examination certificate
a notification of approval of the manufacturer‘s quality system
to the Secretary of State once it has been issued.
137. Specific arrangements will be made with notified bodies issuing certificates in
categories b and c as part of their designation process.
138. For notified bodies appointed to conduct tasks under annexes that require the
issuing of certificates of conformity, the process is more general. In the first instance,
the notified body is required to report a summary of actions as part of their designation
letter (annex 1). The notified body is also required to retain the certificate of conformity
for assessment by the bodies designated auditor on behalf of the Secretary of State
and, if requested, inspection directly by the Secretary of State.
SCHEDULE 3
TECHNICAL DOCUMENTATION
139. This section describes the requirements in terms of the detail that must be
provided by the manufacturer so that the notified body can ensure that the instrument
meets the essential requirements. There is a requirement in the Directive on the
applicant generally to retain a copy of the technical documentation (Annex B.8 and
Annex D.6).
SCHEDULE 4
MARKING AND INSCRIPTIONS
Regulation 12(3)
Supply of Stickers
The Secretary of State has decided that it is necessary to provide a long-term,
professional solution to resolve the difficulties that have arisen in securing a consistent
good quality source for the supply of the metrology stickers that local authorities and
others require to fulfil their statutory obligations for both initial verification,
disqualification and subsequent re-qualification activities.
A new solution has been identified which will enable NWML to produce printed versions
of the stickers described below on demand. The system has the capability to
incorporate the specific identification data required in thermal printed form. This
solution will replace the current stop-gap solution introduced in 2006 to allow for the
changes to the marking requirements in the MID which meant that, when re-qualifying
an instrument, an inspector has to apply both his number and the year of re-qualification
in manuscript on a modified NAWI sticker using a ―permanent‖ marker. It has become
clear that these marks were not sufficiently permanent so as to withstand the harsh
cleaning requirements in some conditions of use particularly in the food preparation
sector.
The new stickers have been tested and performed well in a harsh cleaning environment
and have been found to meet the requirements applicable in the food industry.
It is the opinion of the Secretary of State that the following stickers should be required to
be used for the statutory marks. The new stickers are 12.7 mm x 11.10 mm.
It is not envisaged that the Weights and Measures (Prescribed Stamp) Regulations
1968 (SI. 1968/1615) will need to be amended as re-qualification is carried out under
the provisions of these regulations.
The Green M metrology mark, and the CE mark for initial verification which are the
responsibility of the instrument manufacturer will not be supplied centrally.
The new stickers will also be relevant to local authorities who are notified bodies and to
approved verifiers under the regulations. Commercial organisations which need to
obtain supplies are invited to contact [email protected] to discuss availability and
prices.
The Secretary of State has determined that there will be benefits arising from a change
of process with the stickers produced centrally and supplied by NWML directly to local
authorities. To that end the decision has been made to supply a limited quantity of
stickers free of charge to all inspectors. The stickers used for re-qualification of NAWI
and MID instruments will be supplied overprinted with the inspector‘s number and on an
annual basis with the year also overprinted. Stickers can also be overprinted with the
relevant Notified Body/Approved Verifier numbers on request
If you have a requirement for a larger quantity , or you are not a local authority, please
contact [email protected]. It will be possible to agree terms under which larger
numbers/other stickers can be provided (at a cost).
STICKER 1 – RE-QUALIFICATION
Inspector or
This is all white label printed on which with the prescribed crown and the information for
Inspector‘s number will be overprinted using thermal printing technology for use for
NAWI and MID instruments.
Approved Verifier
This is all white label printed on which with the prescribed crown and the information for
Approved Verifier number will be overprinted using thermal printing technology.
STICKER 2 – DISQUALIFICATION
This is a plain white label bearing the prescribed crown mark which has been printed
with the disqualification mark No overprinting is required.
STICKER 3 - NOTIFED BODY IDENTIFICATION NUMBER FOR INITIAL
VERIFICATION
NB 0126
This is a plain white label in which the Notified Body number has been overprinted using
a thermal printer. It is not a requirement for the number to be pre-fixed by NB.
Other marks and requirements for MID instruments
1. The CE marking consists of the symbol ―CE‖ according to the design laid down in
paragraph I.B(d) of the Annex to Decision 93/465/EEC. The CE marking shall be at
least 5 mm high.
2. The M marking consists of the capital letter ―M‖ and the last two digits of the year of
its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the
height of the CE marking. The M marking shall immediately follow the CE marking.
3. The identification number of the notified body concerned shall follow the CE marking
and the M Marking.
4. The CE marking and the M marking shall be indelible. The identification number of
the notified body concerned shall be indelible or self destructive upon removal. All
markings shall be clearly visible or easily accessible.‖
Directive 2004/22/EC does not itself contain diagrams for any of these marks although
the CE mark is prescribed by reference to paragraph 1.B(d) of the Annex to Decision
93/465/EEC.
“The CE mark must not be less than 5mm in its vertical height, and the proportions
maintained. It is generally shown on a grid in the guidance booklets, as below (the grid
does not form part of the marking and is for information only):
This mark looks the same as some previous marks, but there are subtle changes, and it
should be studied closely. It should be noted, for example, that the C and E are not
formed by perfect semi-circles, i.e. the top and bottom arms extend one square beyond
the semi-circles, and the middle arm of the E stops one square short.
The graphic is not made available for download from any official sources, but can be
obtained in a wide variety of file formats from commercial organisations, sometimes
freely available for download. One such organisation in the UK is Conformance, but
please note that the NWML makes no guarantee of accuracy or suitability of any files
obtained from commercial sources.
As far as the M mark is concerned the manufacturer applying the mark has freedom
over the design provided that the M marking meets the criteria set down in Paragraph 2
of Schedule 4 of Directive 2004/22/EC, as to being surrounded by a rectangle also
containing the last two digits of the year of affixing, and is placed immediately after the
CE mark.
Similarly the Notified Body must place its mark, or authorise the manufacturer to do so
on its behalf, so that it follows the CE and M markings.
The identification number of the notified body concerned shall follow the CE marking
and M marking.
When a ―material measure of length‖ consists of a set of devices operating together, the
markings shall be affixed on the instrument‘s main device.
The CE marking and the M marking must be indelible. The identification number of the
notified body concerned must be indelible or self-destructive upon removal. All
markings shall be clearly visible or easily accessible.
The Directive does not specify in detail the form and appearance of all the various
markings. It has therefore been necessary to decide on the details that will apply under
the Regulations as indicated in the examples statutory marks above.
SCHEDULE 5
ADAPTATIONS FOR NORTHERN IRELAND
140. The in-service regulations regarding use for trade in Part III are disapplied for
Northern Ireland which, while covered by the main part of the Regulations, is
responsible for its own regulations.
SCHEDULE 6 – this is not part of the Regulations
WORK INSTRUCTIONS ETC FOR 3RD PARTY VERIFICATION
141. LACORS work instructions should be used as guidance in carrying out 3rd party
verification. The instructions for material measures of length are not ready yet but when
they are they will be available for non-subscribers from www.lacors.gov.uk. You should
then click on Publications at the top, scroll down to Trading Standards, then click on
Metrology, then Measuring Instruments Directive (MID), and open the page called MID
Equipment Test Forms. This is the same page as seen by LACORS‘ subscribers.
142. The above instructions, along with test forms and conformity certificates, provide
guidance for those notified bodies designated to carry out declaration of conformity
based on product verification (Module F), i.e. 3rd party initial verification. It is primarily
aimed at Trading Standards Services but could be used by other organisations carrying
out verification activities whether as part of initial or subsequent verification.
143. Sections of the instructions cover: staff, equipment (including documentation),
and verification procedures along with a separate ‗check list‘ test form and proforma
Certificate of Conformity and Refusal to Issue Certificate of Conformity.
National Measurement Office
Stanton Avenue
Teddington
Middlesex
TW11 0JZ
Tel: +44 (0)20 8943 7272
Fax: +44(0)20 8943 7270
Crown Copyright 2009