The accuracy of measuring instruments is a fundamental element in guaranteeing the fairness of commercial transactions, consumer protection and public safety. To ensure this accuracy, the legislator has set up a rigorous metrological control system governed by a series of national and European texts. Although this system is often misunderstood by professionals, it imposes strict obligations on all those involved in the manufacture, marketing and use of regulated measuring instruments.
Legal framework for the inspection of measuring instruments
National and European legislation
French metrological control is governed by several fundamental texts. Historically, the law of 4 July 1837 on the metric system and the verification of weights and measures laid the foundations for this control. This law has been supplemented by numerous texts, including decree no. 2001-387 of 3 May 2001 on the control of measuring instruments, which is now the central text in this area.
At European level, Directive 2009/34/EC of 23 April 2009 lays down common provisions for measuring instruments and methods of metrological control. This directive replaced directive 71/316/EEC of 26 July 1971 and adopts a modern approach that leaves greater scope for technological innovation.
More recently, Directive 2004/22/EC of 31 March 2004 on measuring instruments (MID) harmonised the requirements applicable to the placing on the market and putting into service of a large number of instruments, in application of the "new approach" principle, which favours the definition of essential requirements rather than detailed technical specifications.
These European texts have been transposed into French law, notably by Decree no. 2006-447 of 12 April 2006 on the marketing and commissioning of certain measuring instruments.
Scope of metrological control
Metrological control applies to instruments which directly or indirectly measure quantities whose units are defined by the decree of 3 May 1961 on units of measurement. To be subject to this inspection, the instruments must also belong to one of the categories listed in the annex to the decree of 3 May 2001 and be used for one of the following operations:
- Water and energy supply
- Commercial transactions
- Determining remuneration
- Allocation of financial income, financial expenses, goods or merchandise
- Legal expertise
- Measurement operations that can be used as a basis for criminal proceedings or administrative decisions
- Tax transactions
- Health-related operations
- Operations involving the safety of people, animals or property
- Operations to determine or verify announced or imposed characteristics
This broad definition encompasses many instruments used daily in commerce and industry, from commercial scales and electricity meters to petrol pumps and road safety cameras.
All users of regulated measuring instruments have a legal obligation to ensure the suitability for use, accuracy, proper maintenance and correct operation of these instruments, as set out in the following regulations regulations on units of measurement in France.
The various inspection operations
The decree of 3 May 2001 provides for four main inspection procedures for measuring instruments: type examination, initial inspection, installation inspection and in-service inspection.
Type examination
Type examination is the validation of the design of a measuring instrument. It is a compulsory preliminary stage for most regulated instruments before they are placed on the market.
This operation consists of examining the elements presented in a technical file and, if necessary, carrying out tests on one or more specimens representative of the type of instrument. The aim is to check that the type of instrument meets the regulatory requirements for its category.
The type examination is carried out by a specialist body designated by the Minister for Industry. In France, this is generally the Laboratoire national de métrologie et d'essais (LNE). In the event of conformity, this body issues a type-examination certificate, which is published in the Official Bulletin of the Ministry of Industry.
This certificate is generally valid for ten years, which may be extended for periods not exceeding ten years each. The manufacturer must affix to each instrument the mark indicated in the certificate, thus attesting to its conformity to the approved type.
Initial verification
Initial verification is the inspection operation that certifies that new or repaired instruments comply with the requirements of their category. This verification can take two forms:
- Monitoring of the quality assurance system implemented by the manufacturer or repairer, where this system has been subject to prior approval by a designated body.
- Individual inspection of the instruments, carried out either by a specialised body designated by the Minister for Industry, or by an approved body in accordance with the provisions of the decree regulating the category concerned.
Instruments that have passed the initial inspection receive a specific mark. For certain categories of instruments, this initial verification may take the place of the first in-service inspection.
Initial verification is compulsory before instruments are displayed or placed on the market, except in the case of demonstration instruments, those intended for export, or those which have undergone equivalent verification in another Member State of the European Union.
Checking the installation
Installation verification is the control operation which certifies that the instrument complies with the technical provisions applicable to it and that its installation conditions ensure correct use and meet the regulatory requirements.
This operation, which results in the issue of a certificate, can be carried out in one of two ways:
- Supervision of the quality assurance system implemented by the installer, where this system has been approved in advance by a designated body. In this case, the installer issues the certificate.
- Examination, by a designated body, of the elements characterising the installation of the instrument. The installer must then send this body a file containing the installation plans and various information on the instrument and its use.
Installers are required to affix their identification mark to each instrument they install, and may be required to file a declaration of installation with the DIRECCTE (Direction régionale des entreprises, de la concurrence, de la consommation, du travail et de l'emploi) in the place of installation.
In-service inspection
The purpose of in-service inspection is to ensure that instruments in use retain their metrological qualities. This inspection can involve three types of operation:
- Periodic verification, which consists of checking at regular intervals that the instruments continue to comply with the requirements applicable to them. This verification is carried out either by designated or approved bodies, or by the DIRECCTE in the absence of competent bodies.
- Periodic overhaul, which is the operation whereby instruments are serviced at regular intervals to bring them up to standard.
- Checks by the owner himself, who may be required to carry out certain checks at regular intervals or have them carried out under his own responsibility.
In-service inspection is evidenced by the affixing of a specific mark. Instruments subject to this system that do not bear a valid inspection mark must be taken out of service, on pain of penalties for the holder, as specified in our analysis of penalties for non-compliant instruments.
Inspection bodies
Designated and approved organisations
The decree of 3 May 2001 distinguishes between two types of organisation that can carry out metrological control operations: designated organisations and approved organisations.
Designated bodies are approved by the Minister for Industry. They must meet strict criteria: they must have the necessary resources and equipment, offer guarantees of integrity and impartiality, preserve the confidentiality of information, be independent of persons with an interest in the measuring instruments, and set up a quality assurance system.
Accredited bodies are approved by the prefect of the département in which their head office or principal place of business is located. They must implement a quality assurance system that guarantees their technical resources, procedures and skills.
These bodies are subject to regular monitoring, either by the Minister for Industry in the case of designated bodies, or by the DIRECCTE in the case of approved bodies. Their approval may be suspended or withdrawn if they fail to fulfil their obligations or if their services do not meet regulatory requirements.
Role of the DIRECCTE
The Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l'emploi (DIRECCTE), which replaced the DRIRE (Directions régionales de l'industrie, de la recherche et de l'environnement) in 2010, play an important role in metrological control at regional level.
In particular, they are involved in :
- Carry out periodic inspection of instruments in the absence of a designated or approved body
- Monitoring approved bodies
- Assess the quality assurance systems of manufacturers, installers and repairers
- Checking instruments placed on the market and in service
Sworn officers from the DIRECCTE are authorised to investigate and record breaches of metrological regulations. They can operate on the public highway, enter professional premises and inspect instruments and their documentation.
National and international organisations
At national level, legal metrology is coordinated by the Bureau de la Métrologie, which is part of the Sub-Directorate for Metrology, Quality and Industrial Property of the Ministry of Industry.
This office draws up regulations, participates in the drafting of European directives, approves new models of instruments in liaison with the DIRECCTE and coordinates controls.
The Laboratoire national de métrologie et d'essais (LNE) is also a major player. In particular, it carries out type testing of instruments, approves quality assurance systems and issues conformity certificates at international level.
At international level, France participates in the work of the Organisation Internationale de Métrologie Légale (OIML), which draws up recommendations to harmonise national regulations, and the Western European Legal Metrology Cooperation (WELMEC), which aims to facilitate the exchange of information and cooperation between European metrology authorities.
Obligations of holders of measuring instruments
Maintaining compliance
Holders of regulated measuring instruments have a legal obligation to ensure the fitness for purpose, accuracy, proper maintenance and correct operation of their instruments.
In practical terms, this means :
- Ensure that the instruments used conform to a type that has obtained a type-examination certificate (where such a certificate is required)
- Subject instruments to mandatory periodic inspections
- Have faulty instruments repaired by qualified professionals
- Decommission instruments that no longer meet regulatory requirements
Failure to comply with these obligations may result in penalties, particularly when the instruments are used for commercial or tax transactions. Holders risk fines and confiscation of non-compliant instruments, as well as prosecution for deception if the instruments are used to determine quantities invoiced to customers.
Documentation and traceability
Holders of measuring instruments must also maintain adequate documentation on their instruments. Depending on the category of instrument, this obligation may include :
- Retention of initial inspection certificates and installation inspection certificates
- Keeping a metrological logbook listing all work carried out on the instrument
- Recording of checks carried out by the keeper himself
These documents must be made available to sworn inspectors. They make it possible to establish the traceability of instruments and demonstrate their ongoing compliance with regulatory requirements.
For instruments subject to a declaration of installation, holders must ensure that this formality has been completed by the installer. This declaration, sent to the DIRECCTE, enables the instrument to be subsequently monitored by the inspection authorities.
Companies that use a large number of regulated measuring instruments in the course of their business have every interest in centralising the management of these obligations. Various specific regulations apply depending on the category of instrumentThis can be a complex task for non-experts.
Do you have any questions about your obligations to inspect your measuring instruments? Our team of lawyers is at your disposal.
Sources
- Decree no. 2001-387 of 3 May 2001 on the inspection of measuring instruments
- Directive 2009/34/EC of 23 April 2009 on common provisions for measuring instruments
- Directive 2004/22/EC of 31 March 2004 on measuring instruments (MID)
- Decree no. 2006-447 of 12 April 2006 on the marketing of measuring instruments
- Decree of 31 December 2001 setting out the conditions for applying the decree of 3 May 2001
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