Does the MID cover optics, beer metering instruments, cubic measures, single volume paraffin dispensers or dipstick measuring systems?
No; outside the scope of the respective MI-Annex
Will new Material Measures be required to be compliant with the MID as soon as the MID is implemented into United Kingdom law?
Yes; unless measures are verified in accordance with an existing national/EEC TAC which is currently in force.
Arising from 2. above, what will be the case if Material Measures that comply with existing UK requirements have been stamped and are in storage, but have not yet been ‘placed on the market’ or put into use before the commencement date of UK implementing legislation?
Up to what date can modifications to Type Approval Certificates be given, or new Certificates issued, for equipment that will be covered by the MID and which is currently covered by either UK or ‘Old Approach Directive’ requirements – examples would include road tanker mounted meter measuring equipment for liquid fuel with either a UK Crown Stamp or an EEC Stamp?
Modifications to both EEC and national TACs can be issued up to the date the Certificate expires; this does not change with the implementation of the MID. However new TACs for MID instruments, whether national or EEC, can only be issued until 29 October 2006. Renewals to national TACs can also be issued until that date however EEC TACs cannot be renewed. This become the position on the date the MID entered into force ie 30 April 2004. In relation to road tanker mounted meter measuring equipment for liquid fuels it should be noted that under the MID the complete system will be required to approved by a single TAC and not by individual TACs for the constituent parts as is the current requirement under the existing EEC Directives. Discussions are taking place within WELMEC over the use of Test certificates (TCs) which will be called up in the TAC to provide a similar degree of flexibility. Subsequent verification of instruments remains under the TAC used at the time of initial verification irrespective of the current status of the certificates validity.
Arising from 2. above, what will be the case if Material Measures that comply with existing UK requirements have been stamped and are in storage, but have not yet been ‘placed on the market’ or put into use before the commencement date of UK implementing legislation?
Legally they will not comply with the regulations appropriate at the time of placing on the market.
It is possible, one assumes, that other Member States may implement the MID before we do. What would be the situation if MID compliant MIs are placed on the market / put into use here before the UK implementation? This situation could be a potential problem if such instruments were inaccurate in use.
Initial thoughts are that the MID does not permit instruments to be legally placed on the market before 30 October 2006. Instrument would therefore be non-compliant with the current national regulations and subject to the appropriate sanctions under the provisions of the W&M Act.
In Annex 8, ‘Material Measures’ appears in Chapter II to refer only to capacity serving measures for liquids, and does not include measurement of pharmaceutical products. Does this mean that apothecary / dispensing use measures and capacity measures for dry products are not covered by the MID?
Yes.
Also, in this definition, does the word ‘immediate consumption’ mean ‘drinking’, and hence the filling of a ‘take away’ container of cider or sherry with a stated volume from a UK stamped measuring jug would not bring the jug under the control of the MID?
Jugs are covered by the definition of CSM where they are used for immediate consumption or in decanting prior to consumption. Where used solely for the purpose of filling for ‘take away’ containers then my initial thoughts are that these measures would be outside the scope of MID and would therefore remain subject to the provisions of existing national regulations.
Can plastic glasses that are not as rigid as those required by the Capacity Serving Measures (Intoxicating Liquor) Regulations comply with the MID Annex 8 requirement that they should be ‘sufficiently rigid and dimensionally stable’ if they are for single use only?
MID requires measures to be sufficient rigid … to maintain capacity; this could be more widely interpreted through the word ‘sufficient’ however we would need to establish the degree to which this can be relaxed for a given purpose.
Do the MID Regulations apply to instruments placed on the market under a certificate of approval issued before 30th October 2006
No - the MID Regulations only apply to instruments first placed on the market on or after 30th October 2006, and these must have been granted an MID type or design examination certificate.
Instruments for which a national certificate of approval was granted, before 30th October 2006, along with any authorisation of modification to that certificate, issued at any time, may continue to be placed on the market until the date on which the certificate expires. This will be no later than 29th October 2016.
Any instrument already in service may continue to be used indefinately, as long as it meets the requirements of the Regulations. Instruments initially verified under the exisiting national legislation, if requiring subsequent verification following obliteration of stamps, must be subsequently re-qualified under the same legislation. Where an instrument is repaired this does not affect its status, it is the type/design approval certificate that dictates what regulatory regime applies.
Will the MID have any impact on accuracy of measures?
The regulatory change will have minimal impact on the accuracy of the measures approved for use which will continue to provide the consumer protection previously guaranteed by the use of the crown stamp. The quantities prescribed for the sale of alcoholic beverages on licensed premises are not affected by this regulatory change.
The Measuring Instruments Directive applies to a variety of measuring instruments. Member States have the option to prescribe any of the instrument types under MID but where they choose to do so the technical requirements must be those of the MID.
How will the MID affect manufacturers of glasses?
The Directive is deregulatory allowing manufacturers who wish to do so to become approved by a notified body and able to mark their own measures and provides a single system applying to measuring instruments across Europe reflecting the single market and meaning that an instrument which is approved in one Member State receives free access to all Member States, subject to units of measurement in the Member State and nominal capacity restrictions.
In what situations will the crown stamp still be allowed to be used?
- The crown stamp continues to be valid on glasses placed on the market or put into use before 30 October 2006. Such glasses can continue to be used without time limit.
- It is not permitted to apply the crown stamp to any glass which is placed on the market and put into use on or after 30 October 2006. Such glasses must carry the CE marking, the supplementary M marking and Notified Body number.
Do the MID Regulations apply to instruments placed on the market under a certificate of approval issued before 30 October 2006?
No - the MID Regulations only apply to instruments first placed on the market on or after 30 October 2006, and these must have been granted an MID type or design examination certificate.
Instruments for which a national certificate of approval was granted, before 30 October 2006, along with any authorisation of modification to that certificate, issued at any time, may continue to be placed on the market until the date on which the certificate expires. This will be no later than 29 October 2016.
Any instrument already in service may continue to be used indefinitely, as long as it meets the requirements of the Regulations. Instruments initially verified under the existing national legislation, if requiring subsequent verification following obliteration of stamps, must be subsequently re-qualified under the same legislation. Where an instrument is repaired this does not affect its status, it is the type / design approval certificate that dictates what regulatory regime applies.