S.I. No. 111/1976 - European Communities (Standard Mass Per Storage Volume of Grain) Regulations, 1976.

1. The measuring instruments used to determine the EEC standard mass per storage volume of grain have the following characteristics

(

a

) they are designed and manufactured so as to ensure satisfactory repeatability and reproducibility of measurements;

(

b

) the maximum permissible error of the standard mass per storage volume is plus or minus 5 thousandths of the result given by a standard instrument;

(

c

) the maximum permissible relative error on the capacity of the container used is plus or minus 2 thousandths;

(

d

) the maximum permissible relative error of the weighing instrument for the quantity weighed is plus or minus 1 thousandth;

(

e

) the difference between each result obtained for a specific grain and the mean value of the standard mass per storage volume as determined from 6 consecutive measurements is not more than plus or minus 3 thousandths of such mean value.

2. Each instrument has a clearly visible inscription plate bearing in legible and indelible letters the following information

(

a

) the EEC pattern approval symbol;

(

b

) the indentification mark or name of the manufacturer;

(

c

) the manufacturer's description, if any

(

d

) an identification number and the year of manufacture;

(

e

) the nominal capacity of the capacity measure and either the operating instructions or a reference to the operating instructions.

GIVEN under my Official Seal, this 24th day of May, 1976.

JUSTIN KEATING,

Minister for Industry and

Commerce.

EXPLANATORY NOTE.

These regulations are made to give effect, so far as necessary, to Council Directive No. 71/347/EEC on the approximation of the laws of Member States relating to the measuring of the standard mass per storage volume of grain and provide that instruments for the measurement of the EEC standard mass per storage volume of grain may be brought into use in this country if they have been certified as accurate under the EEC rules by the Metrological Authorities in another Member State. The Regulations also control the imposition of EEC verification marks in this country.

S.I. No. 111 of 1976.

EUROPEAN COMMUNITIES (STANDARD MASS PER STORAGE VOLUME OF GRAIN) REGULATIONS, 1976.

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the powers conferred on me by

Section 3

of the

European Communities Act, 1972

(No. 27 of 1972) hereby make the following regulations.

1

Citation

1.

These Regulations may be cited as the European Communities (Standard Mass per Storage Volume of Grain) Regulations, 1976.

2 Construction

2.

These Regulations shall be construed as one with the European Communities (Measuring Instruments) Regulations, 1973 (

S.I. No. 67 of 1973

).

3 Application

3.

These Regulations apply to the measurement of the EEC standard mass per storage volume of grain in accordance with the Council Directive of the European Communities of 12 October, 1971 (71/347/ EEC) as amended by Annex 1. X. 14 of the Act annexed to the Treaty of Accession of 22 January, 1972, and to the instruments which may be used for such measurement.

4 EEC Standard Mass Per Storage Volume

4.

(1) The EEC standard mass per storage volume is the ratio of the mass expressed in kilograms to the volume expressed in hectolitres, as determined for any kind of grain by measurement with an instrument and according to a method which is in conformity with the provisions of these Regulations.

(2) The reference EEC standard mass per storage volume is the EEC standard as determined by measurement with a standard Community or national instrument constructed and used in accordance with Chapters I and II of Schedule I hereto.

(3) The reference EEC standard is expressed in kilograms per hectolitre to two decimal places.

5 Use of Term EEC Standard Mass per Storage Volume.

5.

(1) The term EEC standard mass per storage volume shall not be used for trade except to designate a grain characteristic which has been measured with instruments conforming to the requirements of these Regulations.

(2) For the purposes of trade in grain between Member States, the characteristic designated standard mass per storage volume shall be the EEC standard mass per storage volume as defined by these Regulations.

6

Measuring Instruments

6.

(1) Subject to Regulation 7, a measuring instrument used for the purposes of trade to determine the EEC standard mass per storage volume of grain shall fulfill the requirements of Schedule II hereto.

(2) Every such instrument shall be subject to EEC Pattern Approval and EEC Initial Verification and, unless it has already received such Verification in another Member State, shall be submitted in accordance with the provisions of the European Communities (Measuring Instruments) Regulations, 1973, to an inspector for EEC Initial Verification and the said instruments shall be instruments to which those Regulations apply.

(3) Every such instrument shall be constructed and used in accordance with the conditions specified in an EEC Pattern Approval Certificate which may be issued by an Inspector in such form as the Minister for Industry and Commerce may approve.

(4) If the Inspector is satisfied after examination that an instrument meets the requirements of these Regulations he shall affix to the instrument the appropriate EEC Pattern Approval symbol and EEC Initial Verification mark.

7

Temporary Provisions

7.

(1) Notwithstanding anything to the contrary in the foregoing Regulations, the provisions of this Regulation shall have effect throughout the period in which the unit of measurement (pound per bushel) lawfully in use in the State continues to be authorised, as provided for by Annex I. X. 14 of the Act annexed to the Treaty of Accession.

(2) The term "EEC standard mass per storage volume" may be employed to characterise grain of any kind which has been measured by the instruments and methods provided for under the Weights and Measures Acts, 1878 to 1961.

(3) The measurements obtained in pounds per bushel shall be converted into the EEC unit of standard mass per storage volume by being multiplied by a factor of 1.25.

8 Offence

8.

Any person who knowingly uses for trade in grain the term EEC standard mass per storage volume otherwise than in accordance with these Regulations shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both.

9 Prosecution of Offence

9.

An offence under these Regulations may be prosecuted by the Minister for Industry and Commerce.

10

Fees

10.

(1) There shall be charged in respect of the cost of the service performed by an inspector in carrying out his functions under Regulation 6 such fee as the Minister for Industry and Commerce, with the consent of the Minister for Finance, determines.

(2) Fees under these Regulations shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of fees under these Regulations.

SCHEDULE I

STANDARD INSTRUMENTS USED TO MEASURE THE EEC STANDARD MASS PER STORAGE VOLUME OF GRAIN.

I.

Construction Requirements