Elements for a Law on Metrology

Eléments pour une Loi de Métrologie

OIM

L D

1 Ed

ition

2004

(E)

OIML D 1Edition 2004 (E)

ORGANISATION INTERNATIONALE

DE MÉTROLOGIE LÉGALE

INTERNATIONAL ORGANIZATION

OF LEGAL METROLOGY

INTERNATIONAL

DOCUMENT

OIML D 1: 2004 (E)

Contents

Foreword ............................................................................................................................................................................................... 5

Part 1 Introduction - Scope ................................................................................................................................................. 6

Part 2 Rationale .................................................................................................................................................................... 7

Part 3 Proposed legal provisions ....................................................................................................................................... 10

CHAPTER I Definitions ....................................................................................................................................................... 10

CHAPTER II National metrology infrastructure ................................................................................................................ 10

II.1 The national metrology infrastructure ...................................................................................................................... 10II.2 National metrology policy .......................................................................................................................................... 10II.3 National measurement standards ............................................................................................................................. 11II.4 Traceability ................................................................................................................................................................. 11II.5 National institutes ...................................................................................................................................................... 11

CHAPTER III Legal units of measurement ........................................................................................................................... 12

CHAPTER IV Transparency of metrological information ................................................................................................... 12

CHAPTER V Legal metrology .............................................................................................................................................. 12

V.1 Introduction ................................................................................................................................................................ 12V.2 Regulations on measurements ................................................................................................................................... 13V.3 Regulations on prepackages ...................................................................................................................................... 13V.4 Regulations on measuring instruments .................................................................................................................... 14

CHAPTER VI Enforcement ................................................................................................................................................... 15

VI.1 Offences ....................................................................................................................................................................... 15VI.2 Liability of persons and corporate bodies and infringements ................................................................................. 16VI.3 Conformity assessment bodies for legal metrology .................................................................................................. 16VI.4 Responsibilities and powers ...................................................................................................................................... 16

CHAPTER VII Financial provisions ....................................................................................................................................... 17

Part 4 Guidelines for setting up the structures ....................................................................................................................... 18

CHAPTER I International agreements and arrangements ................................................................................................ 18

CHAPTER II Regional legislation ........................................................................................................................................ 18

CHAPTER III Organization of the authorities ..................................................................................................................... 18

III.1 Governmental administration and external bodies .................................................................................................. 18III.2 Centralized and decentralized missions .................................................................................................................... 19III.3 Central Metrology Authority (CMA) .......................................................................................................................... 19III.4 International relations ............................................................................................................................................... 20III.5 Local Metrology Authorities (LMAs) ......................................................................................................................... 20III.6 Coordination of the LMAs ......................................................................................................................................... 20

CHAPTER IV National Metrology Institutes (NMIs) ........................................................................................................... 21

2

OIML D 1: 2004 (E)

Part 5 Examples and explanations ............................................................................................................................................ 23

CHAPTER I Definitions ....................................................................................................................................................... 23

CHAPTER II National metrology infrastructure ................................................................................................................ 23

II.1 The national metrology infrastructure ...................................................................................................................... 23II.2 National metrology policy .......................................................................................................................................... 23II.3 National measurement standards ............................................................................................................................. 23II.4 Traceability ................................................................................................................................................................. 23II.5 National institutes ...................................................................................................................................................... 23

CHAPTER III Legal units of measurement ........................................................................................................................... 25

CHAPTER IV Transparency of metrological information ................................................................................................... 25

CHAPTER V Legal metrology .............................................................................................................................................. 25

V.1 Introduction ................................................................................................................................................................ 25V.2 Regulations on measurements ................................................................................................................................... 25V.3 Regulations on prepackages ...................................................................................................................................... 25V.4 Regulations on measuring instruments .................................................................................................................... 25

3

The International Organization of Legal Metrology(OIML) is a worldwide, intergovernmental organizationwhose primary aim is to harmonize the regulations

and metrological controls applied by the national metro-logical services, or related organizations, of its MemberStates.

The two main categories of OIML publications are:

• International Recommendations (OIML R), which aremodel regulations that establish the metrological charac-teristics required of certain measuring instruments andwhich specify methods and equipment for checking theirconformity; the OIML Member States shall implementthese Recommendations to the greatest possible extent;

• International Documents (OIML D), which are inform-ative in nature and intended to improve the work of themetrological services.

OIML Draft Recommendations and Documents aredeveloped by technical committees or subcommittees whichare formed by the Member States. Certain international andregional institutions also participate on a consultation basis.

Cooperative agreements are established between OIML and

certain institutions, such as ISO and IEC, with the objectiveof avoiding contradictory requirements; consequently, manu-facturers and users of measuring instruments, test labo-ratories, etc. may apply simultaneously OIML publicationsand those of other institutions.

International Recommendations and International Docu-ments are published in French (F) and English (E) and aresubject to periodic revision.

This publication - OIML D 1, Edition 2004 (E) - wasdeveloped by TC 3 Metrological control. It was approved forfinal publication by the International Committee of LegalMetrology in 2004 and supersedes the previous version dated1975.

OIML Publications may be downloaded from the OIML website in the form of PDF files. Additional information onOIML Publications may be obtained from the Organization’sheadquarters:

Bureau International de Métrologie Légale11, rue Turgot - 75009 Paris - France

Telephone: 33 (0)1 48 78 12 82Fax: 33 (0)1 42 82 17 27E-mail: biml@oiml.orgInternet: www.oiml.org

Foreword

OIML D 1: 2004 (E)

5

OIML D 1: 2004 (E)

Part 1 Introduction - Scope

This Document, elaborated in liaison with the MetreConvention and the International Laboratory Accredi-tation Cooperation, gives elements to be consideredwhen drawing up national laws related to metrology,the need for which is reinforced by the increasingparticipation of States in trans-national, regional andinternational trade-related agreements in which suchlaws provide the basis for dealing with the appropriatenational measurement-based requirements.

The laws for which this International Documentprovides advice may either be one general lawcovering all legal aspects of metrology or separatelaws, each related to a specific aspect of metrology,such as a law on legal units, a law on traceability, alaw on measuring equipment (weights and measuresact), etc., or provisions related to metrology in moregeneral laws such as law on consumer protection orconformity assessment.

The bodies responsible for drawing up such laws areinvited to select appropriate elements from thisDocument, to examine their relevancy and if necessaryto adapt them to their needs.

This Document is presented in five parts:

- Part 1 (Introduction - Scope);

- Part 2 (Rationale) providing elements which justifythe need for setting up legal provisions related tometrology and to metrological infrastructures;

- Part 3 (Proposed legal provisions) providingsuggestions of Articles (i.e., specific language),which may be incorporated into laws;

- Part 4 (Guidelines for setting up the structures)providing various considerations about the organi-zation to be set up for the implementation of thelegal provisions; and

- Part 5 (Examples and explanations) providingcomments and explanations which are notintended to be inserted in the legal provisions butwhich clarify the meaning and the consequences ofsome proposed legal provisions.

The following proposals have to be considered,selected and adapted by each country according tospecific needs, then incorporated into laws, govern-ment acts, ministerial acts, etc., according to theconstitution and regulatory practice of the country.

While the intention is to address the regulated sector,many of these provisions also relate, and areapplicable to, best internationally accepted metrologypractice in the voluntary sector.

6

Elements for a Law on Metrology

OIML D 1: 2004 (E)

Part 2 Rationale

What is metrology?

Metrology is the field of knowledge concerned withmeasurement. Metrology includes all theoretical andpractical aspects of measurement, whichever themeasurement uncertainty and field of application.

Its application underpins quality in manufacturedgoods and processes. It plays a key role in theadoption of scientific and technological advances, thedesign and efficient manufacture of products thatcomply with the needs of the marketplace, and thedetection and avoidance of non-conformities. Itprovides fundamental support for health and safetytesting, environmental monitoring, food processingand fair enforcement of laws. It also provides the basisfor fair-trading in a domestic economy and inter-national trading in the global market place.

International mutual recognition of the measurementcapability of an economy is critical to the removal oftechnical barriers to trade and, therefore, toparticipation in multilateral trade agreements such asthose of the World Trade Organization. States shouldbe encouraged to take part in the internationallyagreed Mutual Recognition Agreements or Arrange-ments (MRAs) under the International Organizationswhich provide the appropriate confidence betweennational measurement systems.

What is legal metrology?

Legal metrology comprises all activities for which legalrequirements are prescribed on measurement, units ofmeasurement, measuring instruments and methods ofmeasurement, these activities being performed by oron behalf of governmental authorities, in order toensure an appropriate level of credibility ofmeasurement results in the national regulatoryenvironment. Legal metrology is not a specificdiscipline of metrology, it makes use of scientificmetrology to obtain appropriate references andtraceability, and may apply to any quantity addressedby metrology.

Legal metrology applies not only to trading parties,but also to the protection of individuals and society as

a whole (e.g. law enforcement, health and safetymeasurements). Public authorities must pay specialattention to measurement results especially whenthere are conflicting interests in measurement results,thus necessitating the intervention of an impartialreferee. Legal metrology is in particular necessarywhen forces on the market are not organized and/orcompetent enough or are unbalanced. Legal metrologygenerally includes provisions related to units ofmeasurement, to measurement results (e.g. pre-packages) and to measuring instruments. Theseprovisions cover the legal obligations related to themeasurement results and the measuring instruments,as well as the legal control which is performed by oron behalf of the government.

Buying and selling of goods and services include theweighing or measuring of the quantity and/or qualityof products, as well as pre-packaged products with amass, number or volume declaration of quantity, andthe measurement of service (e.g. time, distance).Governmental regulatory responsibilities also includehealth, safety and environmental law. While thesefunctions are disparate in nature, a common feature isthat compliance with the law depends uponmeasurement results. Therefore, the process ofmeasurement is of direct concern to the government.Providing the laws and regulations, controllingmeasurement through market supervision anddeveloping and maintaining the infrastructure thatcan support the accuracy of these measurements (e.g.through traceability) is essential in fulfilling the role ofgovernment.

The scope of the legal metrology regulations (e.g. typesof measurements and measuring instruments subjectto legal requirements) will depend on the categories ofusers that the government considers necessary toprotect, and on the ability of these users to protectthemselves against abuse.

As the final purpose of legal metrology is to provideconfidence in measurement results by legal provisions,needs and requirements on measurement resultsshould be considered prior to addressing needs andrequirements on measuring instruments.

Legal metrology includes four main activities:

• Setting up legal requirements;• Control/conformity assessment of regulated products

and regulated activities;• Supervision of regulated products and of regulated

activities; and• Providing the necessary infrastructure for the trace-

ability of regulated measurements and measuringinstruments.

7

OIML D 1: 2004 (E)

Why is a metrological infrastructure necessary?

No quantity can be consistently measured withoutmetrology and without a metrological infrastructure.

The importance of measurement results is everincreasing due to rapid technological development andthe emergence of information technology. Consumersand industry must make decisions every day based onmeasurement results which affect their economic andpersonal well being, as well as having to judge theactions and efficiency of public authorities, enterprisesand non-governmental organizations.

Since the manufacturers, importers and sellers of mostproducts are responsible for the associated measure-ment processes, buyers (individuals as well ascompanies), who are generally not appropriatelyinformed about these processes, are at a potentialdisadvantage regarding the measurement results andtheir interpretation. Fair and accurate measurementshelp to ensure fair competition.

What is the role of the government?

The role of the government in metrology is to providesociety with the necessary means to establishconfidence in measurement results.

This requires government to undertake a number ofnecessary activities to promote metrology, to developappropriate infrastructures, to support research inmetrology and to protect both individuals andcompanies against possible abuse related to measure-ments. It must be organized in a comprehensive andcoherent policy, for which a law on metrology isadvisable.

The present elements on metrology are not limited tothe traditional issues of legal metrology. Theimportance of metrology for social and economicdevelopment calls for a comprehensive and coherentpolicy on metrology for which laws must take accountof all the issues concerning consumers, enterprises,education, health, safety and the security of thepopulation.

In setting up the national measurement system,governments should ensure that adequate trans-parency exists such that all parties are able to makeinformed decisions.

This Document proposes a hierarchical metrologystructure with a Central Metrology Authority (CMA) tocoordinate metrology policy and activities in thecountry. The CMA would normally be part of anexisting government department and should alsoactively cooperate with the national bodies responsiblefor accreditation and standardization activities, as wellas the relevant international metrological Organiza-tions (i.e. the OIML and the Metre Convention). Thestructure of the metrology system and of the legalmetrology system shall be adapted to the specificitiesof the country (e.g. size, economy, scientific andtechnological infrastructure, etc.).

Need for compatibility between national andinternational metrological requirements

Each nation has its own historical perspective on thedevelopment of metrological requirements.

The Technical Barriers to Trade (TBT) Agreement(Article 2.4), implemented within the World TradeOrganization (WTO), makes an obligation forcountries to base their national technical regulationson international documentary standards (norms) so asto harmonize the national requirements. It alsorequires signatories to take account of, and participatein, international systems of conformity assessmentand mutual recognition agreements (Article 6).

The international community has adopted a system ofunits, measurement standards and requirements formeasuring instruments through treaty organizations(i.e. the Metre Convention and the OIML). In addition,regional metrology organizations and Regional LegalMetrology Organizations are harmonizing require-ments throughout their member economies. Theintent of these organizations is to facilitate trade andthe exchange of measurement results and measuringinstruments. Documents and Recommendationspublished by these organizations are a primaryresource for structuring a national metrological infra-structure.

The international organizations have also developed -or are currently developing - systems of mutualrecognition or acceptance of the equivalence ofmeasurements standards, of national measurementcapabilities, of competences of calibration laboratoriesand of legal metrology evaluations.

8

OIML D 1: 2004 (E)

Following due deliberations and depending upon itsrulemaking procedures, a country may decide that aDocument published by one of these internationalorganizations contains applicable requirements foruse in the country’s metrology structure. Adoption ofthe Document’s provisions may occur in one of severalways including:

• Reference to a specific edition;

• Inclusion of the verbatim text in the regulations;

• Inclusion of identical requirements, but not iden-tical text; or

• Inclusion of compatible but not identical require-ments.

9

OIML D 1: 2004 (E)

Part 3 Proposed legal provisions

CHAPTER I

DEFINITIONS

For other definitions, see OIML V 1 InternationalVocabulary of Terms in Legal Metrology (VIML) andOIML V 2 International Vocabulary of Basic andGeneral Terms in Metrology (VIM).

I.1 Traceability of calibrations and measurements isthe property of the result of these calibrations andmeasurements whereby it can be related to thedefinition of units through an unbroken chain ofcomparisons, all having stated uncertainties.

For the application of legal metrology control,traceability may be obtained either through evaluationof uncertainties or through compliance with statedmaximum permissible errors.

I.2 In this Document, the term “measuring instru-ment” covers measuring instruments in the sense ofthe VIM (see 4.1), as well as measuring systems (VIM,4.5), material measure (VIM, 4.2) and any part of ameasuring instrument or measuring system which canbe the object of specific requirements and of a specificevaluation of conformity.

I.3 In this Document, the term “measurementstandards” covers the following when used to establishthe traceability of standards, measuring instrumentsand measurements:

• Realization of the SI units;• Artefacts reproducing the multiples and sub-

divisions of the SI units and traceable to SI;• Instruments measuring quantities and traceable to

SI; and• Certified reference materials.

I.4 The national accreditation system is a voluntarysystem which establishes the competence and impar-tiality of:

• Calibration laboratories to perform traceablecalibrations and measurements;

• Testing laboratories;• Inspection bodies; and

• Certification bodies which perform product certi-fication, quality systems certification or certificationof personnel.

CHAPTER II

NATIONAL METROLOGY INFRASTRUCTURE

II.1 The national metrology infrastructure

The national metrology infrastructure shouldcomprise:

• A legal corpus, including the laws and regulationsthat have provisions related to metrology;

• An authority in the Government, in charge of theNational metrology policy, and of coordinating theaction of other Departments related to metrologicalissues;

• One or several institutes in charge of tasks assignedat national level for the metrology policy;

• System of national measurement standards anddissemination of legal units;

• A (voluntary) system for accrediting calibrationlaboratories and, if required, testing laboratories,inspection bodies and certification bodies;

• Structures for disseminating knowledge andcompetencies in metrology (e.g. training, education,consultants, etc.); and

• Services to industry and to the economy in the fieldof metrology (e.g. calibration, maintenance,training, consultancy, type testing, verification, etc.).

II.2 National metrology policy

II.2.1 The [Name of the Authority], in liaison with allGovernment Departments and Agencies, is chargedwith the elaboration and coordination of the imple-mentation of the national metrology policy.

This policy shall determine the action of the govern-ment on issues related to metrology and shall commitall government departments (ministries) and agencies,each in its own sphere.

Preparation by any government department of regula-tions that establish required values of measurablequantities should take account of the ability of thenational metrology infrastructure to provide reliablemeasurements of these quantities.

II.2.2 This policy shall provide a support for thedevelopment of the national metrological infra-structure taking into account the needs related to:

10

OIML D 1: 2004 (E)

• Scientific and technological development;• Support of the national economy, development of

enterprises;• Protection of consumers, citizens and the environ-

ment; and• International recognition of the national metrol-

ogical infrastructure.

II.3 National measurement standards

A system of national measurement standards is set upto maintain and disseminate legal units prescribed inChapter III in order to meet the country’s needs.National measurement standards are part of thenational metrological infrastructure according to II.1.In the case that they are themselves primary standardsthat independently realize the legal units, they shouldbe regularly compared with other national primarystandards. In the case that the country does notmaintain primary standards in all fields, thosenational standards shall be traceable to the realizationof the definition of units through primary standardsmaintained by another country. The nationalmeasurement standards shall in all cases be the mostaccurate measurement standards of the country.

The system of national measurement standards shallinclude, as necessary, a system for providing certifiedreference materials.

II.4 Traceability

For the application of any laws and regulationsprescribing requirements on measurements, on pre-packages and on measuring instruments, traceabilityto SI shall be required and may be obtained:

• Either through the system of national measurementstandards and certified reference materials definedin II.3;

• Or through traceability to recognized nationalmeasurement standards or certified referencematerials of other countries when the uncertaintylevel of the system of national measurementstandards is not sufficient or when this system doesnot cover the considered quantity.

II.5 National institutes

II.5.1 One or more institutes will be appointed bygovernment to carry out the following missions:

• To establish, keep, maintain, and continuouslyimprove the national measurement standards(see II.3) and disseminate the legal units (seeChapter III) in accordance with the country's needs,and to ensure participation in the correspondinginternational activities;

• To provide the necessary advice and support to thegovernment, industry, commerce and the public onmetrological issues;

• To provide a sound metrological basis to thenational accreditation scheme;

• To provide technical advice and support to thegovernment, industry, commerce and the public onlegal metrology issues;

• To carry out technical work and coordination inlegal metrology for which it has been appointed by[Name of the Authority], in particular type testing,and to ensure technical coordination of andtechnical support to initial and subsequent veri-fication, inspection of measuring instruments andmarket surveillance; and

• To participate in international work in legal metrol-ogy under the authority of [Name of the Authority].

II.5.2 These institutes are encouraged to enter intointernational agreements establishing the equivalenceof national measurement standards of participatingcountries. In this case, establishing or revising thenational law on metrology should be an occasion toconsider the possibilities of legal recognition oftraceability to other signatories of the Mutual Recog-nition Arrangement issued under the InternationalCommittee of Weights and Measures (CIPM MRA).

The institutes and authorities responsible for legalmetrology missions are encouraged to enter intointernational agreements establishing the equivalenceof the legal metrology systems and controls in theparticipating countries. They are also encouraged toparticipate in international legal metrology conformityassessment systems.

II.5.3 The institutes shall be impartial and theirfunding shall respect the following conditions:

• Missions of general interest are financed by publicfunding; and

• Products or services which are in the marketplacedo not cause unfair competition.

11

OIML D 1: 2004 (E)

CHAPTER III

LEGAL UNITS OF MEASUREMENT

III.1 The legal units of measurements are thefollowing:

• Units of the “International System of Units” (SI),adopted by the General Conference of Weights andMeasures and recommended by the OIML forquantities covered by this System;

• Units used for quantities that are not covered by theSI, as specified by [Name of the Authority] (as far aspossible based on international standards); and

• Customary units specified by [Name of theAuthority].

Customary units may include specific units forparticular applications, required:

• By the necessities of international trade; or• For specific uses such as air or maritime navigation,

health care, or military applications; or• For safety reasons.

When customary units are authorized in application ofthis Article, the opportunity of keeping them or ofusing only the two first types of units shall beperiodically reviewed by [Name of the Authority].

III.2 The definition of the multiples and subdivisionsof the SI units and their notation shall comply withthe recommendations of the Metre Convention andwith the International Standards (norms).

Rules for expressing the results of measurements shallcomply with the recommendations of the MetreConvention and of International Standardizationbodies.

III.3 The use of units other than legal units isforbidden in particular in trade, documentation andadvertisements for products and services, publications,or training, with the following exceptions:

• Documentation of and references to productsproduced and services carried out prior to theobligation of the units concerned;

• Mentioning non legal units in a historicalperspective in publications and training; and

• Documents and publications which are intended forusers in countries having different systems of units.

III.4 The use of units other than legal units will beauthorized in applications for which internationalConventions, Agreements or Treaties prescribe thosespecific units.

CHAPTER IV

TRANSPARENCY OF METROLOGICALINFORMATION

IV.1 Those responsible for publishing or transmittingmeasurement results to the public may be required toprovide justifications as to the relevance and reliabilityof these measurement results.

IV.2 Individuals and other interested parties may haveaccess to any measurement result issued on theinitiative of the government or transmitted to thegovernment, and related to health, public safety,environment and economics, as long as the communi-cation of this information does not cause an undueprejudice to an individual or to a company or otherorganization.

The government will provide the public with anindependent and impartial source of advice about thevalidity, credibility and reliability of metrologicalinformation. The national metrological infrastructure,defined in II.1, shall provide the expertise needed forthis advice, and shall be appropriately funded by thegovernment to accomplish this.

CHAPTER V

LEGAL METROLOGY

V.1 Introduction

Regulations on measurements, on prepackages and onmeasuring instruments, as described in this Chapter,may be made by [Name of the Authority] in order to:

• Protect the interests of individuals and enterprises;• Protect national interests;• Protect public health and safety, including in

relation to the environment and medical services;and

• Meet the requirements of international trade.

These regulations shall, when applicable, be com-patible with the International Recommendations ofthe OIML and make use of their requirements.

12

OIML D 1: 2004 (E)

The conformity assessment procedures required bythese regulations shall, when applicable, be com-patible with the conformity assessment systems set upby the OIML, and make use of them.

V.2 Regulations on measurements

V.2.1 Regulations may be made by [Name of theAuthority] to define quantities to be referred to in themethods of sale, to prescribe that certain measure-ments are to be the basis of transactions or lawenforcement activities, and to define the list of meas-urements subject to legal metrological requirementsfor the purposes listed in V.1.

V.2.2 These regulations shall define the metrologicalrequirements (including the required measurementuncertainty) and the legal control and supervisionprovisions applicable to these measurements in orderto ensure confidence in the measurement results.

V.2.3 The results of measurements covered by theregulations mentioned in V.2.1 shall be expressed inlegal units as defined in Chapter III and shall betraceable as required in II.4.

V.2.4 The regulations mentioned in V.2.1 may specifywhen necessary a measuring method, and may requirethe use of instruments subject to legal control inapplication of Section V.4. When necessary they shallspecify the criteria for the choice of instruments suchas accuracy class, measurement range, scale division,etc.

V.2.5 When necessary and for specific applications,the regulations mentioned in V.2.1 may:

• Define requirements applicable to the individuals orbodies who perform the measurements;

• Require records of the measurement operations tobe available to the legal metrology officials;

• Require the issuing of certificates for the result ofthese measurements;

• Require records of the traceability of measurementresults to be available to the legal metrologyofficials; and

• Define controls to be applied by legal metrologyofficials or by specialized bodies regarding theactivity of the individuals or bodies who perform themeasurements.

V.3 Regulations on prepackages

V.3.1 Regulations may be made by [Name of theAuthority] to set up metrological requirements andlegal control provisions applicable to the quantitycontent of prepackages offered or exposed for sale orsold. In accordance with the OIML Convention andwith the WTO/TBT Agreement, these regulations shallbe based on the International Recommendations ofthe OIML as far as possible.

V.3.2 These regulations shall prescribe that the size(nominal content) of the prepackages be affixed on theprepackages and expressed in the system of legal unitsmentioned in Chapter III. They may prescribe theauthorized sizes of the nominal content of theprepackages, and/or they may require that unit pricinginformation be provided at the point of sale in place ofauthorized prepackage sizes.

V.3.3 These regulations shall specify the tolerabledeficiencies of individual prepackages from theirnominal value, and requirements for the conformityassessment of prepackages including statisticalmethod when necessary.

These regulations shall specify the requirements towhich the net contents in prepackages are subjected todetermine acceptance or rejection, including samplingplans, test procedures and statistical methods andother appropriate guidance for legal metrologyofficials and prepackers.

The regulatory requirements shall take into accountthe equipment used for realizing and controlling theprepackages, such as measuring container bottles,checkweighers, etc.

V.3.4 These regulations may define the marks whichindicate the conformity (compliance) of the pre-packages to the regulatory requirements.

V.3.5 These regulations may require manufacturersand importers of prepackages to be registered by the[Name of the Authority].

They may require importers to notify the [Name of theAuthority] of importation(s) to facilitate inspections.

V.3.6 These regulations may prescribe that records ofthe control operations performed by the manufactureror importer shall be available to the legal metrologyofficials.

13

OIML D 1: 2004 (E)

They may prescribe a quality system be applied by themanufacturer or importer of the prepackages whenappropriate.

V.3.7 These regulations may define the proceduresand criteria for the legal control exerted by legalmetrology officials on prepackages and on the sellers,manufacturers and importers of prepackages.

V.3.8 All measurement results involving measuringinstruments and measurement standards used for thecontrols prescribed in application of Articles V.3.6 andV.3.7 shall be traceable as prescribed in II.4.

V.3.9 These regulations may allow [Name of theAuthority] to recognize the conformity to the nationalprovisions of prepackages which bear marks of con-formity affixed under the legal metrology regulationsof other countries or under conformity markingsystems set up by international bodies.

V.4 Regulations on measuring instruments

V.4.1 Regulations may be made by [Name of theAuthority] to define the list of measuring instrumentcategories subject to legal control for the purposeslisted in V.1.

V.4.2 The instruments subject to these regulationsshall provide measurement results in the legal unitsdefined in Chapter III, and the measurement resultsshall be traceable as prescribed in II.4.

V.4.3 These regulations shall specify the requiredmetrological performance and technical requirementsapplicable to instruments in these categories.

In accordance with the OIML Convention and, whenapplicable, the WTO/TBT Agreement, these regula-tions shall be based on the International Recom-mendations of the OIML as far as possible.

V.4.4 These regulations may set up legal control andsupervision of these instruments. The purpose of thislegal control is to ensure that instruments are fit fortheir intended use, meet and maintain the necessarymetrological performance requirements, and provideadequate protection against misuse, incorrect inter-pretations of results and fraud. The regulations shallinclude the appropriate control and supervisionprocedures:

• To assess the initial conformity of instruments tolegal requirements, at the stage of design (e.g. typeapproval) and at the stage of manufacturing (e.g.initial verification);

• To ensure that instruments in service maintain theirrequired metrological properties under expectedconditions of use and with age (e.g. reverification, inservice inspection and field surveillance), or arewithdrawn from use; and

• To ensure that instruments are correctly installedand used and operated under the defined correctconditions (e.g. environmental).

V.4.5 The regulations mentioned in V.4.1 shall specifythe marks and signs (inscriptions) which attest to thestatus of the conformity of the instruments with legalrequirements (e.g. type approval mark, verificationmark, etc.).

Measuring equipment that no longer conforms to thelegal requirements shall be given a rejection mark andmust be made to conform, repaired, withdrawn fromthe market, or removed from use.

Option: When measuring equipment fails the legalcontrol, the verification mark shall be removed andthe equipment must be made to conform, repaired,withdrawn from the market, or removed from use.

In the event of infringements, equipment may beseized pending a decision of the legal authorities, or itsfurther use may be prevented by appropriate means.

V.4.6 To prevent unauthorized adjustments orinterventions, the regulations may restrict access tocertain parts or functions of the instruments(including software). This access may be required tobe physically protected by sealing marks (or protectionof access to the software) defined by the regulations.Alternatively or in addition, the regulations mayrequire that the instruments adequately detect andrecord any access to these parts or functions.

V.4.7 These regulations shall allow [Name of theAuthority] to recognize conformity to the nationalprovisions of instruments that have been recognized toconform with equivalent regulations in othercountries.

They shall allow [Name of the Authority] to enter intomutual acceptance or recognition arrangements andagreements with other countries with the goal ofrecognizing national or OIML Certificates or testreports or affixed conformity markings.

14

OIML D 1: 2004 (E)

These regulations may allow the acceptance andutilization in legal metrology controls, of test orverification results issued in other countries.

V.4.8 The regulations may impose registrationrequirements and establish requirements for servicepersons and service agencies that install, adjust andmaintain measuring instruments (provided that theregulations do not conflict with other regulatoryagency requirements).

V.4.9 When instruments are offered for sale, sold, orplaced on the market for use subject to legal metrologyrequirements, the seller must inform the buyer aboutthe legal requirements/status, and offer instrumentsadapted to the intended use.

V.4.10 No person shall use, have in their possessionfor use or put into service for applications as stated inV.1, any instrument subject to legal metrologicalcontrol unless this instrument bears the requiredcontrol marks mentioned in V.4.5 and the sealingmarks or audit requirements mentioned in V.4.6.

The owner of or the person/organization responsiblefor a measuring instrument subject to legal metrologyregulations that is in service is required to maintainthe conformity of that instrument to legal require-ments (including accuracy and including the executionof required legal controls). Owner's use of theinstrument must conform with the manufacturer'soperating instructions and maintenance requirements.

CHAPTER VI

ENFORCEMENT

VI.1 Offences

It shall be an offence to:

VI.1.1 General

• Sell, offer, or expose for sale a quantity less than thequantity represented, as prescribed in regulations toaccount for statistical variation;

• Take more than the represented quantity when, asthe buyer, he/she furnishes the weight or measure bymeans of which the quantity is determined;

• Represent the quantity in any manner calculated orintending to mislead or in any way deceive anotherperson;

15

• Misrepresent the price of any commodity or servicesold, offered, exposed, or advertised for sale byquantity (weight, measure, or count/number), orrepresent the price in any manner calculated ortending to mislead or in any way deceive a person;

• Misrepresent measurements of quality of productsused to determine the price or grade of the product;

• Fail to register when registration is required (V.3.5,V.4.8);

• Not comply with obligations of records (V.2.5,V.3.6), or not make them available to legal metrol-ogy officials;

• Not comply with corrective actions requested/instructed by legal metrology officials;

• Hinder or obstruct any legal metrology official inthe performance of their duties;

• Affix fake or undue conformity marking orverification marks.

VI.1.2 Related to measurements provided in adver-tisements or other public communications (IV.1)

• Refuse or fail to provide justifications of the meas-urement results provided in advertisements (orother public communications);

• Provide false or misleading measurement results inadvertisements (or other public communications).

VI.1.3 Related to the use of legal units (Chapter III)

• Use other units and symbols than those defined inapplication of III.1 and III.2, for the applicationsdefined in III.3.

VI.1.4 Related to regulations on measurements (V.2)

• Not perform the legally required measurements anddocument them when required;

• Not fulfill the metrological (including traceability)requirements prescribed in application of V.2.3;

• Perform measurements with instruments other thanthose legally prescribed.

VI.1.5 Related to regulations on prepackages (SectionV.3)

• Sell or offer for sale any prepackage which does notsatisfy the requirements of the regulations referredto in V.3.

VI.1.6 Related to measuring instruments for whichlegal control is required (Section V.4)

OIML D 1: 2004 (E)

• Offer for sale (put on the market), sell or installinstruments which do not comply with the legalrequirements for the intended use;

• Use instruments (for other than personal use) whichhave not been submitted to the legal control;

• Use instruments without conforming to theirprescribed conditions of use;

• Repair or install regulated instruments withoutrequired authorizations;

• Affix false conformity markings or affix conformitymarkings illegally on measuring instruments;

• Bias measuring instruments to yield an inaccurateresult;

• Remove any tag, seal, or mark from any weight ormeasure or measuring instrument without beingduly authorized by the proper authority.

VI.2 Liability of persons and corporate bodies and infringements

In the following, “person” refers to both the singularand plural, as the case demands, and includesindividuals, partnerships, corporations, companies,societies and associations.

Persons that use or keep measuring equipmentcovered by national metrology legislation areresponsible for having the required metrologicalcontrols performed on the measuring equipmentwhich they use or keep.

Persons importing, manufacturing, repairing, sellingor hiring measuring equipment determined by decreeand intended for uses covered by the nationallegislation on metrology, are liable for having therequired metrological controls performed on theinstruments or installations which are the subject oftheir activities.

VI.3 Conformity assessment bodies for legal metrology

VI.3.1 The [Name of the Authority] may appointbodies to perform tasks pertaining to conformityassessment, verification, or inspection in applicationof the legal metrology regulations. These bodies shallbe competent and impartial. They shall perform theirtasks in a non discriminatory manner.

Appropriate accreditations are an acceptable way toshow competence and impartiality.

VI.3.2 The bodies appointed in application of VI.3.1shall comply with the relevant parts of Articles 5 and 6

16

of the WTO/TBT Agreement, with the exception of theobligation to notify proposed conformity assessmentprocedures.

VI.4 Responsibilities and powers

VI.4.1 The legal metrology officials in charge ofenforcing the provisions of this law are [Enumerationof the categories of agents].

They are empowered to:

• Request the justifications required in application ofIV.1;

• Exert the legal control on prepackages mentioned inV.3.7;

• Request justifications of the respect of obligationsmade by this law to manufacturers, importers,installers, repairers and users of measuringinstruments subject to legal control;

• Perform verifications and inspections on measuringinstruments subject to legal control;

• Affix rejection marks and/or remove conformitymarking in application of V.4.5;

• Perform surveillance on the bodies appointed inapplication of VI.3.

Their findings concerning offences enumerated in VI.1may be transmitted to the prosecution authorities.

VI.4.2 The legal metrology officials mentioned inVI.4.1, upon presentation of their credentials, and inthe discharge of and in order to discharge their duties,have access (within national constitutional require-ments) to all industrial establishments or commercialpremises or vehicles, where measuring equipmentsubject to legal control is installed, kept or used, orwhere there is reason to believe it is installed, kept orused, or where prepackages are filled, labelled, kept oroffered for sale or where there is reason to believe thatthey are filled, labelled, kept or offered for sale.

VI.4.3 The legal metrology officials mentioned inVI.4.1 shall be empowered according to the nationaljudicial procedures to issue stop-use, hold, andremoval orders with respect to any measuringinstruments subject to legal control, stop sale, hold,and removal orders with respect to any packagedcommodities or bulk commodities kept, offered, orexposed for sale.

They shall be empowered according to the nationaljudicial procedures to seize, for use as evidence,

without formal warrant, any measuring instrument,package, or commodity found to be used, retained,offered, or exposed for sale or sold in violation of thelegal metrology requirements.

VI.4.4 Whenever there shall exist a weight ormeasure, measuring instrument or prepackage in oraround any place in which or from which buying orselling is commonly carried out, there shall be arebuttable presumption that such a weight ormeasure, measuring instrument or prepackage isregularly used for the business purposes of that place.Whenever there shall exist a measuring instrumentsubject to legal metrological control used for health,safety or application of environmental regulation in orabout any place in which or from which measure-ments are commonly carried out, there shall be arebuttable presumption that such a measuringinstrument is regularly used for its intended purpose.

OIML D 1: 2004 (E)

17

CHAPTER VII

FINANCIAL PROVISIONS

VII.1 The metrological work carried out by the legalmetrology authorities may give rise to the receipt ofofficial fees for services rendered. A financialregulation may fix the procedures to be followed, theoperations for which payments have to be made andthe amount of these payments.

VII.2 Fees collected for services rendered may beused for facilities and personnel employed in carryingout established duties.

VII.3 The conformity assessment and verificationtasks carried out by the bodies mentioned in VI.3 shallbe performed on demand of the individual ororganization responsible for the conformity.

These bodies may be required to inform the author-ities of the fee structure. These fee structures may besubmitted for approval by the Authority.

The applicant shall bear the costs or prescribed fees ofthese tasks.

OIML D 1: 2004 (E)

Part 4 Guidelines for setting up the structures

CHAPTER I

INTERNATIONAL AGREEMENTS AND ARRANGEMENTS

Authorities should ensure that national and regionallaws and regulations relating to metrology takeaccount of and are in accordance with relevantinternational provisions relating to metrology.

They should also ensure that the national and regionallaws and regulations do not prevent their bodies andauthorities from entering into international agree-ments/arrangements.

CHAPTER II

REGIONAL LEGISLATION

In some Regions, due to treaties or to agreements,regional legislation may have precedence over nationallaws and regulations or may be recommended tonational authorities. This is the case for example in theEuropean Union, where European Regulations andEuropean Directives are accorded higher status thannational legislation. This could also become the casein other Regions.

The regional legislation may be:

• Of total application, which means that the nationallegislation must be strictly identical to the regionallegislation;

• Of optional application, which means that thenational legislation may be of different scope orhave different requirement levels but must becompatible with the regional legislation;

• Of voluntary application, allowing each MemberState to consider their application.

When regional legislation is binding for MemberStates, its statute may be:

• Of direct application, which means that theprovisions of this legislation are applicable in thecountries without transcription in the national laws;

• Of indirect application, which means that nationallegislation is required to transcribe the regionallegislation.

It is necessary that national authorities take account ofthe existing regional legislation when preparing anational law on metrology.

It is also recommended that Regional bodies takeaccount of the present Document when preparingregional legislation. In particular, Regional bodiesshould take in consideration the obligations of theirMembers towards the OIML and the Metre Conven-tion.

CHAPTER III

ORGANIZATION OF THE AUTHORITIES

III.1 Governmental administration and external bodies

It is recommended that, as a minimum, governmentaladministrations manage the national metrology policy,ensure the establishment and maintenance of anappropriate metrology infrastructure, and define theregulations and their enforcement. Technical tasksmay be carried out by specialized institutes or bodiesoutside the administrations. These institutes andbodies may be governmental, semi-governmental orprivate. They should operate under the authority ofand report to the national government.

In practice, the role of the public administration in theimplementation of metrology policy depends on theexisting infrastructure and competencies in thecountry. In countries where institutes outside thepublic administration exist and have sufficientcompetencies, the tasks of the public administrationmay be reduced to the essential actions of legislationenforcement and monitoring.

In those countries where the technical competencieslie in the public administration, it will have to runtechnical activities. In this case, and subject to theneed to maintain competence within the publicadministration for making and enforcing technicalregulations, the metrology policy may develop theinfrastructure outside the public administration totake over technical tasks when possible. For example,non-governmental accredited calibration laboratoriescould be developed to take over appropriatecalibration work instead of keeping most calibrationtasks in the public administration.

When tasks are delegated to semi-public or privatebodies, there should be an appropriate contract withthe government to ensure that public interest isprotected, that there is accountability and trans-

18

OIML D 1: 2004 (E)

parency and that conflicts of interest are avoided.When necessary this contract should ask these bodiesto apply the requirements uniformly in the country.

Two ways of delegating tasks to external bodies arepossible:

• Either to designate a single body on the basis of acall for tenders;

• Or to appoint bodies in competition, any bodyfulfilling specified requirements being eligible to beappointed.

The choice between these two ways must be carefullystudied, considering the tasks that are being delegatedand the respective advantages and disadvantages ofthese two solutions (technical consistency, uniformcoverage of the geographical area of the country,practicability of supervision of these bodies, risks ofcorruption, undesirable effects of commercial compe-tition on the quality in running the tasks, positiveeffects of competition on costs and efficiency, etc.).

III.2 Centralized and decentralized missions

The level of centralization or decentralization is anessential issue of the political organization of thecountry. In the law on metrology, it will be defined inaccordance with the fundamental texts (Constitution),with the political and administrative organization andwith the general policy of the country. These higherprinciples will have to guide the delegation of powersand missions in legal metrology between the centralauthorities and the local authorities (municipalities,counties, regions within a country, States in aFederation, etc.).

III.3 Central Metrology Authority (CMA)

All the issues of the national metrology policy at thecentral level (e.g. scientific, industrial and legal)should be managed or coordinated by one singlecentral authority of the country, hereafter called theCentral Metrology Authority (CMA). It would beinconsistent and inadvisable to have different centralbodies in charge of different aspects of the metrologypolicy without coordination. The missions of the CMAshould be:

• Studying the needs of the country for metrology andthe orientations and priorities of the nationalmetrology policy, for example with a nationalconsultative committee made up of experts fromvarious sectors;

• Elaborating and formulating the national metrologypolicy that has to be endorsed by the government;

• Coordination of the actions of the various ministriesrelated to metrological issues, in order to ensureconsistency (see part 3, II.1);

• Issuing of legal metrology regulations;• Coordination with the national accreditation

system;• Organizing or ensuring international representation

of the national metrology bodies and system;• Facilitating international recognition of the national

metrology bodies and system;• Co-ordination of all legal metrology institutions,

including the Local Metrology Authorities (LMAs);• Supervision of the national bodies to which tech-

nical tasks are delegated; and• Providing appropriate information to the public

about the national metrology system.

The CMA is responsible for ensuring consistency ofregulations and their application to implement the lawon metrology. The CMA should ensure that thefollowing functions are performed on behalf of indi-viduals:

• Assurance that measuring instruments in trade,health, safety, law enforcement and environmentalregulation are suitable for their intended use,properly installed, and accurate, and are so main-tained by their owner or user;

• Prevention of unfair or deceptive dealing by weightor measure in any commodity or service advertised,packaged, sold, purchased, or exchanged;

• Promotion of uniformity, to the extent practicableand desirable, among all jurisdictions;

• Encouragement of desirable economic growth whileprotecting consumers through the adoption by ruleof legal metrology requirements as necessary toensure fair competition and equity among buyersand sellers;

• Protection of individuals by establishing andenforcing metrological requirements for measuringinstruments used in health, safety law enforcementand environmental regulation;

• Establishment of traceability of measurementresults through internationally recognized andaccepted processes;

• Establishment of standards of weights or measuresand reasonable standards of fill for any packagedcommodity; possible establishment of requirementsfor unit pricing information;

• Exemptions from the provisions of the law onmetrology or any regulations subsequently madewhen appropriate to the maintenance of goodcommercial practices, etc.

19

OIML D 1: 2004 (E)

The CMA may enter into agreements with localjurisdictions to designate officials and prescribepowers and duties - any legal metrology officialappointed for a local jurisdiction shall have the dutiesand powers enumerated in this Act, with the exceptionof those duties reserved for the CMA and for thenational metrology or legal metrology institute(s) bylaw or regulation. No requirement laid down by localagencies may be less stringent than or conflict with therequirements of the CMA.

The head of the CMA should have the authority toenter into agreements to provide for assistance in thedevelopment of requirements for measuring instru-ments for use by other agencies with regulatoryresponsibilities, for example in health, safety lawenforcement and the environment.

The head of the CMA should have the authority torecognize the legal acceptability of measurementresults and measuring instruments established inother countries for importation or use in its owncountry so as to help reduce technical barriers totrade. In return, the head of the CMA should ensurethat national arrangements provide adequateconfidence in the results from the nationalmeasurement system. The best way of demonstratingthat this is the case is through participation in thevarious international frameworks for acceptance/recognition of equivalence created by the MetreConvention, ILAC and the OIML.

III.4 International relations

The issues in relation to metrology which implyinterfaces with overseas authorities and overseaseconomies should be coordinated by the CMA. This isthe case for intergovernmental treaties (e.g. the MetreConvention, OIML) and for the recognition or non-recognition of the legal acceptability of measurementresults and measuring instruments established inother countries. The CMA may delegate responsibilityfor specific interactions in relation to metrology withoverseas authorities and overseas economies tonational bodies, such as the national institutions asappropriate.

III.5 Local Metrology Authorities (LMAs)

Implementation at local level will be the responsibilityof LMAs, which can be:

• Local offices of the ministries;• Services of states in a federal organization,

organizations or services depending on regional(provincial) or local elected authorities.

Smaller countries may not need local metrologyauthorities and the implementation may then be takencare of by the national authorities.

Testing, assessing the conformity of, marking forconformity the measuring instruments and pre-packages, may be carried out by specialized bodiesdesignated or licensed by the local metrologyauthorities. Such designated or licensed bodies may bepublic or private.

The missions of the LMAs should be to:

• Implement the Law on Metrology in the field;• Identify contraventions of the law on metrology and

prosecute (refer to prosecuting authorities);• Direct and implement the legal control of the

instruments;• Support the development of the metrology infra-

structure;• Conduct investigations to ensure compliance with

the law on metrology and regulations promulgatedby the CMA. This may include:- Inspecting and testing, or supervising the

inspection and testing by designated or licensedbodies, of measuring instruments and pre-packages kept, offered, or exposed for sale; and

- Inspecting and testing, or supervising the inspec-tion and testing by designated or licensed bodies,to ascertain if they are correct, of measuringinstruments in service.

• Accept for use, and mark, such measuringinstruments that are found to be correct, and rejectand order to be corrected, replaced, or removedthose measuring instruments that are found to beincorrect. Measuring instruments that have beenrejected must not be used unless they have beencorrected and have passed the re-verification whenrequired, and may be seized if this has not beendone within any time that might be specified, or ifused or disposed of in a manner not specificallyauthorized. The head legal metrology official ordesignated agents shall remove from service andmay seize the weights and measures found to beincorrect that are not capable of being renderedcorrect.

III.6 Coordination of the LMAs

The coordination of the LMAs is an essentialresponsibility of the CMA in order to assure uniformapplication of the law. When the LMAs are not directlyunder the authority of the CMA, the law shouldinclude provisions to direct this coordination.Examples of such provisions could be the following:

20

OIML D 1: 2004 (E)

• Certifications issued by the CMA are accepted by theLMA;

• Instruments, measurement procedures and meas-urement results accepted by an LMA are acceptedby the other LMAs;

• No deviating requirements or interpretations ofrequirements should exist between LMAs; the CMAmay ask an LMA to revise its interpretation of theregulatory requirements when this interpretationappears to deviate from common interpretation;

• The LMAs are represented in intergovernmentalwork and accept the agreements signed in theintergovernmental organizations.

CHAPTER IV

NATIONAL METROLOGY INSTITUTES (NMIs)

The tasks listed in Part 3 II.5.1 can be divided overdifferent bodies:

• A National Metrology Institute (NMI), consisting ofone or more standards laboratories, which can alsobe part of for instance a university or other scientificinstitute; in general, due to the expanding scope ofmetrology, many countries traditionally distributeresponsibility for different quantities/units amongdifferent institutes coordinated either by a principalinstitute or by an agency. This organization may beconsidered by small or developing countries, inorder to make use of the existing competencies andcapabilities;

• Generally one National Legal Metrology Institute(NLMI) in charge of studying technical specifica-tions for legal metrology, issuing type approvals andproviding technical coordination and support toother legal metrology bodies; this may also bedistributed among several institutes specializing indifferent fields under an appropriate coordination.

Up until several years ago, NMIs were nearly alwaysentirely within the public sector. However, more recentpolicies have attempted to give NMIs a degree ofmanagement freedom that is appropriate for theefficient and effective running of a research-basedorganization with services to the public. This has oftenrequired the introduction of more flexible accountingor management processes that are closer to privatesector management models than to the rules thatapply to administrative units in government. In somecases, therefore governments have sought alternativemodels but have in all cases arranged matters so that

the majority of funding of the institutes comes frompublic sources. In addition, and as metrologyencompasses activities outside the traditional physicsand engineering base - moving into the fields ofmetrology in chemistry, medicine, food etc. - it hasbeen necessary to bring together a number of otherorganizations with a different ownership or legalstatus into a “distributed” or “virtual” NMI. In othercases where the required expertise is wholly within anindustrial or commercial organization, governmentshave set up special contracts with industrial providersof metrology services for the country. In these cases,governments normally provide an official or legaldesignation of the organization concerned as aprovider of the specific national service. Thedesignated status only applies to the role of theorganization within the country concerned and doesnot apply outside of that country. In such cases, it isimportant to ensure that the companies concerned donot develop unfair commercial or market positions asa result of their special contractual arrangements andofficial designation as part of a “distributed” NMI.

The NMI may have various possible structures:

• A public institute owning and running its ownlaboratories;

• A private institute owning and running its ownlaboratories, under the authority of the government,taking into account unfair competition and nationalsecurity;

• A public agency coordinating public or privateinstitutes.

Experience shows that in the field of metrology, theessential government functions relating to economicand social policy, support for industry and the makingof legislation, are dependent on metrological andtechnical competence. The necessary competence maybe strongly enhanced by the integration of technical,regulatory and legislative operations.

It is highly recommended to develop the synergiesbetween scientific and legal metrology activities, inparticular the study of technical requirements for newregulations, type testing and type approval issuing:

• Either by combining scientific and legal metrologyin the same institute;

• Or, at least, by establishing close cooperationsbetween the institutes in charge of these two fieldsof metrology.

The reasons for this are:

• New fields of legal metrology and new technologiesin legal metrology are moving technically closer to

21

OIML D 1: 2004 (E)

the accuracies at the national standards level, andrequire new calibration, test and verificationmethods and new measurement standards to bedeveloped by scientific metrology;

• High levels of competencies in metrology are moreand more important in legal metrology; and

• Including both activities in the same institute mayhelp to achieve the critical minimum size of theinstitute, permitting better management of humanresources and facilitating a coherent policy inmetrology.

In all cases, special attention must be paid to thesustainability of the NMI and of the NLMI, andappropriate financial resources must be provided fortheir long term stability.

The missions and tasks of NMIs and NLMIs includetasks of general interest spread over the long term andservices rendered to the administration and to clientson a contractual basis. The financial resources of theseinstitutes must reflect these two kinds of missions.

22

OIML D 1: 2004 (E)

Part 5 Examples and explanations

CHAPTER I

DEFINITIONS

No particular examples need to be mentioned.

CHAPTER II

NATIONAL METROLOGY INFRASTRUCTURE

II.1 The national metrology infrastructure

No particular examples need to be mentioned.

II.2 National metrology policy

The issues addressed in the national metrology policyshould include:

• National application of internationally agreeddefinitions of units of measurement;

• Development, maintenance and dissemination ofthose national realizations of the units andquantities of the SI measurement standards at alevel sufficient to support national needs;

• Support for the development of appropriate andinternationally recognized metrological infra-structure ensuring the traceability of measurements;

• Direction and funding of metrology researchactivities;

• Development of metrology education and trainingfor metrologists and industry;

• Development and adoption of metrological regu-lations;

• Enforcement of metrological regulations;• Assessment of conformity to metrological legal

requirements; and• Information dissemination to the public about

metrological issues.

Setting up a National Metrology Council composed ofqualified personnel to advise the government onmetrology issues should be considered.

II.3 National measurement standards

A country should set up national measurementstandards according to its needs. When relevant, thesenational measurement standards will be primaryrealizations of the SI units (or a copy of the inter-national prototype of the kilogram), and in othercases, the national measurement standards may justbe secondary measurement standards traceable toprimary measurement standards of another country.

For quantities whose traceability can be easilyobtained by the users and by calibration laboratoriesdirectly to national standards of another country, andwhen the traceability provided by this direct referenceis acceptable to the national accreditation scheme, anational measurement standard may not be necessary.

For some quantities, establishing and maintaining aprimary measurement standard may be considered atoo heavy financial cost for some countries, so that anagreement may be discussed within a group ofneighbor countries to share the costs of setting up andmaintaining such a primary measurement standard.

II.4 Traceability

No particular examples need to be mentioned.

II.5 National institutes

II.5.1 These missions require the following tasks:

a) General metrology tasks

1 To establish the national system of units based,where possible, on the SI;

2 To realize (where appropriate) and maintain thenational measurement standards and disseminatelegal units;

3 To employ appropriately qualified metrologicalexperts to undertake its responsibilities, toprovide these staff with sufficient and appropriateon-going training and to ensure the implemen-tation of efficient succession-planning processes;

4 To facilitate the establishment of laboratories thatsatisfy metrological requirements such as environ-mental control and that these laboratories areequipped with appropriately calibrated equip-ment;

5 To direct research work for the improvement ofthe national measurement standards to meetchanging needs;

23

OIML D 1: 2004 (E)

6 To provide for transfer of technologies in metrol-ogy from research teams to industry;

7 To carry out regular reviews of the needs ofsociety relating to the improvement of measure-ment standards and dissemination of legal units;

8 To be the national reference for the nationalaccreditation system of calibration laboratories,regarding competencies and measurement stand-ards;

9 To advise the government on technical issues inmetrology;

10 To ensure appropriate and effective participationin international metrological fora and activities(in particular the Metre Convention) and inregional work in metrology, under the authority of[Name of the Authority];

11 To provide calibration against national meas-urement standards for the traceability of thecalibration laboratories accredited by theappropriate national accreditation body, whichshould itself conform with the requirements of theILAC, and of legal metrology laboratories;

12 To provide consultancy to relevant nationalbodies, industry and the public on metrologicalissues and on the importance of measurements;

13 To provide and/or to arrange for training fortrainers in metrology; and

14 Other missions consistent with the intent of theLaw.

b) Legal metrology tasks

1 To carry out studies and make proposals for thetechnical regulatory requirements on the variouscategories of measuring instruments;

2 To carry out regular reviews of the needs ofsociety relating to legal metrology;

3 To employ appropriately qualified metrologicalexperts to undertake its responsibilities, toprovide these staff with sufficient and appropriateon-going training and to ensure the implemen-tation of efficient succession-planning processes;

4 To issue national and OIML type approvalcertificates;

5 To ensure appropriate and effective participationin international legal metrology fora and activities(in particular the OIML) and in regional work inlegal metrology, under the authority of [Name ofthe Authority];

6 To define the recommended equipment andtechnical procedures to be applied by the LMAs;

7 To organize technical training for the staff of theCMA and the LMAs, and training for industry onlegal metrology issues;

8 To provide for the training of legal metrologyofficials, and establish minimum training andperformance requirements which shall then bemet by all legal metrology officials;

9 To develop and disseminate public educationprograms to support implementation of assignedresponsibilities.

II.5.2 No particular examples need to be mentioned.

II.5.3 The NMI normally obtains its operatingresources from some or all of the following sources:

• Government monies to wholly fund its nationalinterest missions, in particular tasks 1-10 identifiedabove;

• Contracts with the government for specific tasks;• Contracts with the private sector for commercial

services; and• Grants from various organizations for specific tasks,

such as from international aid organizations toassist the establishment of the NMI.

The NLMIs normally obtain their operating resourcesfrom some or all of the following sources:

• Government grants to wholly fund their nationalinterest missions, in particular tasks 1-10 identifiedabove;

• Contracts with the government for specific tasks (forexample studies);

• Contracts with the private sector for commercialservices (e.g. type approval, verification fees,training, etc.);

• Grants from various organizations for specific tasks,such as from international aid organizations toassist the establishment of the NLMI; and

• Industry participation in schemes such as a quantitymark scheme.

In particular when the NMI or NLMI runs activities(e.g. calibration, training, consultancy for industry,type approvals, etc.) which are in competition withother bodies, the public financing granted to the NMImust not induce unfair competition.

24

OIML D 1: 2004 (E)

CHAPTER III

LEGAL UNITS OF MEASUREMENT

III.1 A number of quantities are not covered by the SI(colorimetry, biology, medicine, etc.). They areexpressed in units which are not SI units.

In the interests of free trade and the avoidance ofissues that might be perceived by other countries orthe WTO as technical barriers to trade, nationalrequirements for traceability should be writtencarefully. Ideally traceability should always bespecified as conforming to the SI system, throughrealizations of the appropriate units and quantities atthe NMI or at other countries’ NMIs, rather thanspecifically to the NMI.

III.2 It is recommended to include these definitions indocuments adopted at the most appropriate level tofacilitate their updating and to avoid unnecessarydetails in the acts submitted to parliament or toministers.

In air and maritime navigation, distances in nauticalmiles, speeds in knots, altitudes in feet, are used andmust be accepted.

CHAPTER IV

TRANSPARENCY OF METROLOGICALINFORMATION

No particular examples need to be mentioned.

CHAPTER V

LEGAL METROLOGY

V.1 Introduction

No particular examples need to be mentioned.

V.2 Regulations on measurements

V.2.1 Examples of such regulated measurements maybe the obligation to:

• Sell certain products by weight and definition of therequired uncertainty or accuracy class of theinstruments used;

• Make temperature conversions for certain trans-actions on oil products;

• Measure the actual calorific power of natural gas forcertain transactions;

• Measure the surface area of houses, apartments andoffices offered for sale;

• Measure and make public performances of indus-trial products (e.g. fuel consumption of cars,electrical consumption of domestic appliances,noise level of domestic appliances, etc.);

• Measure and label data on the composition of foodproducts;

• Measure human blood pressure by legally controlledinstruments; and

• Measure the composition of car exhaust gases bylegally controlled instruments.

V.3 Regulations on prepackages

No particular examples need to be mentioned.

V.4 Regulations on measuring instruments

V.4.1 This includes the regulation of services such aswhen measuring instruments are used for a fee. Forexample, truckers can weigh their trucks on com-mercial scales for a fee so legal metrology must ensurethat the scales can be regulated because the results ofweighing obtained are used for a variety of com-mercial and legal purposes. Timing devices in self-service car washes and laundromats are also servicerelated commercial transactions.

This also includes regulatory provisions on the use ofinstruments when necessary. For example:

• It is generally stated that for nonautomatic weighinginstruments used for direct sales to the public, theinstrument must be installed in such a way that thedisplay shall be visible by the customer and shall notobstructed; and

• Measuring instruments used for applications inwhich they are submitted to legal control, must beadapted to their intended use, in particular con-cerning measuring range and environmental condi-tions.

25