In an economy where commercial and industrial exchanges are based on the precision and reliability of measurements, France, like all developed countries, has a strict legal framework governing units of measurement. Although companies are sometimes unfamiliar with these regulations, they are a fundamental part of commercial law, and failure to comply with them can result in penalties. Understanding the obligations relating to units of measurement is therefore essential for any professional who uses measuring instruments in his or her business.
The International System of Units (SI) in France
Background and legal foundations
The decimal metric system has been compulsory in France since the law of 4 July 1837 on weights and measures. This historic law laid the foundations for a unified system that subsequently evolved into what we know today as the International System of Units (SI).
This system was enshrined at international level by the General Conference on Weights and Measures (CGPM). In French law, legal units are defined mainly by decree no. 61-501 of 3 May 1961 on units of measurement and the control of measuring instruments. This fundamental text has been amended several times to adapt to technological developments and European harmonisation.
At European level, Directive 80/181/EEC of 20 December 1979, amended by several subsequent directives, harmonises the use of units of measurement throughout the European Union.
Legal units of measurement in France
The French legal system comprises seven basic SI units:
- The metre (unit of length)
- The kilogram (unit of mass)
- The second (unit of time)
- The ampere (unit of electric current)
- Kelvin (unit of thermodynamic temperature)
- The mole (unit of quantity of matter)
- The candela (unit of luminous intensity)
In addition to these basic units, there are supplementary units such as the radian (plane angle) and the steradian (solid angle), as well as derived units such as the square metre (surface area) and the cubic metre (volume).
In addition, certain units outside the system are authorised by Article 4 of the 1961 decree, such as the mile for distances in maritime and air navigation (1,852 metres) or the knot (speed corresponding to 1 mile per hour).
The 1961 decree is supplemented by a general table of legal units of measurement in the appendix, which can be consulted on the website of the Metrology Office of the Ministry of Industry.
Employment obligations for legal units
Mandatory areas of application
Article 8 of the Decree of 3 May 1961 prohibits the use of units of measurement other than the legal units for the measurement of quantities in several specific areas:
- The economy
- Health
- Public safety
- Administrative operations
This obligation applies to all commercial transactions, whether involving the sale of goods or the provision of services, whenever a measure is involved in determining the price or characteristics of the product or service.
In concrete terms, a retailer cannot, for example, sell fabrics by the yard, but must offer them by the metre. Similarly, a garage owner cannot indicate the power of an engine in horsepower alone, but must use kilowatts.
Possible exceptions and derogations
However, there are a few exceptions to this rule. The use of non-legal units is permitted:
- For international trade outside the European Union
- Under exemptions granted by order of the Minister for Industry, if necessary in the public interest
In addition, indications expressed in other units may be added provided that they are secondary to the indication in legal unit. These additional indications must be expressed in characters no larger than the main indication in legal unit.
In addition, the use of units of measurement which are no longer legal remains authorised for products and equipment placed on the market before 1 March 1982 or in service on that date, as well as for the parts and components required to complete or replace them. However, this tolerance does not apply to the indicating devices of measuring instruments, which must be graduated in legal units.
Measuring instruments: compliance with legal units
Obligations of manufacturers and distributors
Manufacturers, importers and distributors of measuring instruments are subject to strict obligations. Article 12 of the Decree of 3 May 1961 prohibits them from :
- Offering for sale, delivering, displaying, ordering, commissioning or using measuring instruments that do not comply with the regulations
- Marketing instruments with inscriptions or graduations other than those resulting from the use of legal units
These professionals must ensure that the instruments they market comply with the legal system of units and, where applicable, have the necessary certifications (such as type approval or initial verification, which we discuss in our article on inspection procedures for measuring instruments).
Conformity with the legal units is a prerequisite for marketing measuring instruments and putting them into service in France.
Obligations of professional users
Professional users of measuring instruments are also subject to important obligations. They may not hold instruments on their business or professional premises (shops, workshops, industrial or commercial establishments) that do not comply with the legal units.
This ban also extends to possession on the public highway, on building sites, in ports, railway stations, airports, market halls, fairs or markets. The mere presence of a non-compliant instrument in these places may therefore be punished, even if it is not in use.
Professionals must also ensure that their instruments remain compliant and that they undergo the periodic checks required by the regulations. As the Court of Cassation pointed out in a ruling of 26 October 1961, putting equipment into service without having requested the checks required by the regulations is punishable by penalties.
There is, however, an exception for objects of a historical or artistic nature, or those intended for scientific purposes, which may be exempt from these rules.
Penalties for non-compliance
Offences and fines
Failure to comply with the provisions relating to units of measurement is punishable under Article 14 of the Decree of 3 May 1961, which provides for a fine of up to 450 euros for third-class offences.
This penalty applies in particular to the following offences:
- Non-compliance with unit rules (article 5)
- Use of non-regulated names or symbols (article 6)
- The use of units other than legal units (article 8)
- Offering for sale, delivery or use of non-compliant instruments (article 12-1°)
- Possession of such instruments in professional premises (article 12-2°)
In the event of an offence, non-compliant measuring instruments may also be seized and confiscated, even if the offender benefits from extenuating circumstances.
In addition, article R. 643-2 of the French Penal Code also imposes a third-class fine for the use of weights or measures other than those established by laws and regulations.
Case law and specific cases
Case law provides several examples of the application of these penalties. In a ruling dated 16 March 1982, the Criminal Division of the Court of Cassation convicted the CEO of a supermarket whose petrol pumps had been emptied or were dispensing false quantities of fuel.
In another case, the Cour de cassation ruled on 21 November 1983 that a method of assessing the gross rental area of commercial premises (GLA method) that includes the thickness of walls and partitions does not infringe the legal metric system, provided that this area is expressed in square metres, which constitute the legal base unit.
It should be noted that the penalties may be increased where the offence constitutes deception as to the quantity of goods delivered, in accordance with article L. 213-1 of the French Consumer Code. In this case, the offender is liable to two years' imprisonment and a fine of €37,500. These penalties are even doubled, under article L. 213-2 of the same code, if the deception was committed using false or inaccurate weights, measures or other instruments.
Finally, in addition to criminal penalties, failure to comply with regulations can also give rise to civil claims for damages brought by victims, as recognised by the Court of Cassation in a ruling of 13 May 1893.
To avoid these legal and financial risks, our legal metrology support services can help you put in place a compliance strategy tailored to your business.
Need advice on the conformity of your measuring instruments? Contact our firm for personalised support.
Sources
- Law of 4 July 1837 on weights and measures
- Decree no. 61-501 of 3 May 1961 on units of measurement and the inspection of measuring instruments
- European Directive 80/181/EEC of 20 December 1979
- Criminal Code, article R. 643-2
- Consumer Code, articles L. 213-1 and L. 213-2
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