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18.3.2011 Official
Journal
of
the
European
Union
L
71/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/17/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 March 2011
repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC,
76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
and methods of metrological control ( 3 ), which was
EUROPEAN UNION,
recast by Directive 2009/34/EC of the European
Parliament and of the Council of 23 April 2009
relating to common provisions for both measuring
instruments and methods of metrological control ( 4 ).
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
(3) Council
Directives
71/317/EEC
of
26
July
1971
on
the
Having regard to the proposal from the European Commission,
approximation of the laws of the Member States relating
to 5 to 50 kilogramme medium accuracy rectangular bar
weights and 1 to 10 kilogramme medium accuracy cylin
drical weights ( 5 ), 71/347/EEC of 12 October 1971 on
Having regard to the opinion of the European Economic and
the approximation of the laws of the Member States
Social Committee (
relating to the measuring of the standard mass per

1 ),
storage volume of grain ( 6 ), 71/349/EEC of 12 October
1971 on the approximation of the laws of the Member
States relating to the calibration of the tanks of
vessels (
Acting in accordance with the ordinary legislative procedure (

7 ), 74/148/EEC of 4 March 1974 on the approxi

2 ),
mation of the laws of the Member States relating to
weights of from 1 mg to 50 kg of above-medium
accuracy ( 8 ), 75/33/EEC of 17 December 1974 on the
approximation of the laws of the Member States
Whereas:
relating to cold-water meters ( 9 ), 76/765/EEC of 27 July
1976 on the approximation of the laws of the Member
States relating to alcoholometers and alcohol
hydrometers ( 10 ), 86/217/EEC of 26 May 1986 on the
(1) Union
policies
on
better
regulation
stress
the
importance
approximation of the laws of the Member States
of simplification of national and Union legislation as a
relating to tyre pressure gauges for motor vehicles ( 11 ),
crucial element in improving the competitiveness of
adopted on the basis of Directive 71/316/EEC, are
enterprises and achieving the objectives of the Lisbon
technically outdated, do not reflect the state of the art
Agenda.
in measurement technology or concern instruments
which are not subject to technological development
and which are increasingly less in use. Furthermore,
national provisions are allowed to exist alongside
(2) A
number
of
measuring
instruments
are
covered
by
Union provisions.
specific Directives adopted on the basis of Council
Directive 71/316/EEC of 26 July 1971 on the approxi
( 3 ) OJ L 202, 6.9.1971, p. 1.
mation of the laws of the Member States relating to
( 4 ) OJ L 106, 28.4.2009, p. 7.
common provisions for both measuring instruments
( 5 ) OJ L 202, 6.9.1971, p. 14.
( 6 ) OJ L 239, 25.10.1971, p. 1.
( 7 ) OJ L 239, 25.10.1971, p. 15.
( 1 ) OJ C 277, 17.11.2009, p. 49.
( 8 ) OJ L 84, 28.3.1974, p. 3.
( 2 ) Position of the European Parliament of 15 December 2010 (not yet
( 9 ) OJ L 14, 20.1.1975, p. 1.
published in the Official Journal) and decision of the Council of
( 10 ) OJ L 262, 27.9.1976, p. 143.
21 February 2011.
( 11 ) OJ L 152, 6.6.1986, p. 48.

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L 71/2
EN
Official Journal of the European Union
18.3.2011
(4) While
Council
Directive
76/766/EEC
of
27
July
1976
on
Union in the field of measuring instruments. In any
the approximation of the laws of the Member States
event, repeal of those Directives should take effect not
relating to alcohol tables ( 1 ) provides for a total harmon
later than 1 December 2015.
isation, most of its content is included in the Union
regulations on alcohol measurement of wines and spirit
drinks, namely Commission Regulation (EEC)
No 2676/90 of 17 September 1990 determining
(9) The
repeal
of
the
Directives
should
not
lead
to
any
new
Community methods for the analysis of wines ( 2 ) and
barriers to the free movement of goods or to additional
Commission Regulation (EC) No 2870/2000 of
administrative burdens.
19 December 2000 laying down Community reference
methods for the analysis of spirit drinks ( 3 ). The inter
national standards for alcohol tables are identical to those
provided for in Directive 76/766/EEC and they can
(10) The
repeal
of
the
Directives
should
not
affect
existing
EC
continue to be the basis for national regulation.
pattern approvals and EC pattern approval certificates
until the end of their validity.
(5) Technical
progress
and
innovation
with
regard
to (11) In accordance with point 34 of the Interinstitutional
measuring instruments covered by the Directives being
Agreement on better law-making (
repealed will be ensured in practice either by the

5 ), Member States are
encouraged to draw up, for themselves and in the
voluntary application of the international and European
interests of the Union, their own tables illustrating, as
standards which have been developed or by the appli
far as possible, the correlation between this Directive
cation of national provisions laying down technical spec
and the transposition measures, and to make them
ifications based on such standards or, in line with the
public,
principles of better law-making, by including additional
provisions in Directive 2004/22/EC of the European
Parliament and of the Council of 31 March 2004 on
measuring instruments
( 4 ). Furthermore, the free
HAVE ADOPTED THIS DIRECTIVE:
movement within the internal market of all products
concerned by the Directives being repealed is ensured
by the satisfactory application of Articles 34, 35 and
36 of the Treaty on the Functioning of the European
Article 1
Union and of the mutual recognition principle.
Without prejudice to Article 6(1), Directive 71/349/EEC is
repealed with effect from 1 July 2011.
(6) Nevertheless,
with
a
view
to
the
forthcoming
review
of
Directive 2004/22/EC, it is appropriate to set the date of
Article 2
repeal for seven of the Directives sufficiently far in
advance to enable the European Parliament and the
Subject to Article 4 and without prejudice to Article 6(2),
Council to take a different view in the context of any
Directives 71/347/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC
revision of Directive 2004/22/EC.
and 86/217/EEC are repealed with effect from 1 December
2015.
(7) Directive
71/349/EEC
should
be
repealed.
Article 3
Subject to Article 4 and without prejudice to Article 6(3),
Directives 71/317/EEC and 74/148/EEC are repealed with
(8)
While Directives 71/317/EEC, 71/347/EEC, 74/148/EEC,
effect from 1 December 2015.
75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC
should also be repealed as soon as possible, they
should be repealed only after an assessment as to
whether the measuring instruments falling within the
Article 4
scope of those Directives should be included within the
scope of Directive 2004/22/EC. The Commission should
By 30 April 2011, the Commission shall, on the basis of
carry out such an assessment in parallel with its report
reports provided by the Member States, evaluate whether the
on the implementation of Directive 2004/22/EC. In the
measuring instruments falling within the scope of the Directives
context of that assessment, the date set for the repeal of
referred to in Articles 2 and 3 need to be included in the scope
those Directives could be brought forward, with a view
of Directive 2004/22/EC and whether the transitional measures
to ensuring consistency in the legislative action of the
and date set for repeal of those Directives need to be adjusted
accordingly. The Commission shall submit a report to the
European Parliament and to the Council, accompanied, if appro
( 1 ) OJ L 262, 27.9.1976, p. 149.
priate, by a legislative proposal to that effect.
( 2 ) OJ L 272, 3.10.1990, p. 1.
( 3 ) OJ L 333, 29.12.2000, p. 20.
( 4 ) OJ L 135, 30.4.2004, p. 1.
( 5 ) OJ C 321, 31.12.2003, p. 1.

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EN
18.3.2011 Official
Journal
of
the
European
Union
L
71/3
Article 5
Article 6
1. Member
States
shall
adopt
and
publish,
by
30
June
2011,
1. EC initial verifications carried out and calibration
the laws, regulations and administrative provisions necessary to
certificates issued until 30 June 2011 under Directive
comply with Article 1. They shall forthwith communicate to the
71/349/EEC shall remain valid.
Commission the text of those measures.
2. EC
pattern
approvals
and
EC
pattern
approval
certificates
They shall apply those measures from 1 July 2011.
issued until 30 November 2015 under the Directives
71/347/EEC, 75/33/EEC, 76/765/EEC and 86/217/EEC shall
remain valid.
When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
3. Weights
in
conformity
with
Directive
71/317/EEC
and
States shall determine how such reference is to be made.
weights in conformity with Directive 74/148/EEC may be
subject to EC initial verification in accordance with Articles 8,
9 and 10 of Directive 2009/34/EC until 30 November 2025.
2. Member
States
shall
adopt
and
publish,
by
30
November
2015, the laws, regulations and administrative provisions
Article 7
necessary to comply with Articles 2 and 3. They shall
forthwith communicate to the Commission the text of those
This Directive shall enter into force on the 20th day following
measures.
its publication in the Official Journal of the European Union.
They shall apply those measures from 1 December 2015.
Article 8
This Directive is addressed to the Member States.
When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a
Done at Strasbourg, 9 March 2011.
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
For the European Parliament
For the Council
3. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
The President
The President
the field covered by this Directive.
J. BUZEK
GYRI E.

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