Metrology Act1
Passed 09.05.2018
RT I, 25.05.2018, 1
Entry into force 01.01.2019
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 21.11.2018 | RT I, 12.12.2018, 3 | 01.01.2019 |
Chapter 1 GENERAL PROVISIONS
§ 1. Scope of application of Act
(1) This Act regulates the following:
1) use of the units of measurement of the International System of Units (SI), and transmission of values in said units of measurement;
2) bases for proving the traceability of measurement results;
3) legal metrological control;
4) duties of the competent authorities in the field of metrology.
(2) The objective of this Act is to ensure the reliability of measurement and measurement results.
(3) The provisions of the Administrative Procedure Act apply to the administrative procedure provided for in this Act, taking account of the specifications arising from this Act.
(4) The provisions of the Product Conformity Act additionally apply to the provisions of this Act, taking account of the specifications arising from this Act.
§ 2. Terms
In this Act, these terms have the following meanings:
1) measurement standard means a material measure, reference material or measuring system used for the defining, realisation, maintenance or reproduction of a unit of measurement or another value of the same kind of quantity;
2) reference material means a substance that is sufficiently homogeneous and stable regarding certain properties and has been ascertained to be suitable to be used for the calibration of measuring instruments, assessment of a measurement method, or assignment of values to the properties of a material or substance;
3) traceability means a property of a measurement result that enables to relate it to a unit of the International System of Units (SI) through an unbroken calibration hierarchy where every calibration contributes to the measurement uncertainty;
4) calibration means a procedure whereby under specified conditions the value indicated by a measurement standard and the measurement uncertainty can be linked to the respective indication and uncertainty, and the information obtained in the course of this procedure shall be used for the purpose of obtaining the measurement result;
5) prepackages are goods in packaging which are marked by the packer with a predetermined nominal quantity and sealed by the packer in the absence of the customer, such that the actual contents of the packaging cannot be altered without opening or damaging the packaging;
6) handling means the manufacture, marking or import, storage or other related activity performed with a prepackage or measuring container bottle;
7) legal metrology means the part of metrology relating to measurements, units of measurement, measuring instruments and measurement methods connected with the requirements of legislation;
8) legal metrological expert assessment means a procedure whereby the documentation of a measuring instrument is compared with the requirements provided for in legislation;
9) material measure means a measuring instrument intended to reproduce or supply, in a permanent manner, one or more values of a physical quantity;
10) measurable quantity means a quantity which is intended to be measured;
11) value of a measurable quantity means the number and unit of measurement which together quantitively express the measurable quantity;
12) measuring container bottle means a sealable container with a nominal capacity of 50 ml to 5 l intended for the storage, transportation or delivery of liquids, which is used for making prepackages using the filling level assessment method;
13) measuring system means a complete set of measuring instruments and additional devices assembled for a specific measuring task;
14) measurement result means a set of the values of quantities obtained through measurement, which is expressed through the value of a quantity and, if necessary, through its measurement uncertainty;
15) measuring instrument means a device used for measurement, alone or in conjunction with supplementary device(s);
16) measurement uncertainty means a non-negative parameter characterizing the dispersion of the values attributed to a measured quantity based on the existing information;
17) measurement means an experimental procedure for determining one or more values which can be reasonably attributed to a quantity;
18) unit of measurement means a definite magnitude of a scalar quantity, defined and adopted by convention, that can be used as a standard for measurement of any other quantity of the same kind to express the ratio of these quantities numerically;
19) nominal quantity means the quantity of a product in a prepackage or measuring container bottle, marked on the packaging by the packer;
20) national measurement standard means a measurement standard which is recognised by legislation to serve as the measurement standard with the best measurement capability in the country;
21) verification means a procedure whereby a competent verification laboratory inspects the compliance a measuring instrument with the requirements;
22) reference measurement standard is meant for calibration of another measurement standard of a certain kind of quantity in a given organisation or at a given location;
23) actual contents mean the actual amount of a product contained in a prepackage or measuring container bottle, in units of mass or volume.
§ 3. Compulsory units of measurement
(1) Compulsory units of measurement are the units of measurement of the International System of Units (SI) that shall be used in economic activities, public health and public safety, administrative activities and standardisation.
(2) Compulsory units of measurement shall be applied to the values of the quantities expressed using units of measurement, measuring instruments and measurement results.
(3) Compulsory units of measurement shall not be applied to air and maritime transport and railway traffic, if the non-application arises from an international convention or agreement.
(4) The base units of the International System of Units (SI) to be used in Estonia, the units derived therefrom, their multiples and submultiples and internationally established additional units and their manner of use shall be established by the Government of the Republic or the minister responsible for the area on the basis of authorisation of the Government of the Republic, by a regulation.
§ 4. Measurement standard
(1) A measurement standard shall be selected and developed on the basis of the units of measurement of the International System of Units (SI).
(2) A material measure or measuring system can only be recognised as a national measurement standard on the basis of the calibration results of an accredited measurement standard laboratory or a measurement standard laboratory that participates in international comparisons of national measurement standards, or on the basis of the recognition of an international database of calibration and measurement capability for national measurement standards.
(3) For the functioning of metrology in essential areas where national measurement standards are unavailable, the minister responsible for the area may designate a national reference measurement standard, taking account of available competence and resources.
(4) The state shall cover justified operating expenditures and investments made for the acquisition, maintenance, development, calibration and international comparison of national measurement standards.
(5) The state may cover justified operating expenditures made for the maintenance, development, calibration and international comparison of reference measurement standards based on the considerations of economic efficiency.
(6) The procedures for the selection, approval, maintenance and use of national measurement standards and reference measurement standards, the list of justified expenditures made for the maintenance, development, calibration and international comparison of national measurement standards and reference measurement standards, and the list of national measurement standards and reference measurement standards shall be established by the minister responsible for the area by a regulation.
§ 5. Proof of traceability of measurement results
(1) The traceability of measurement results is proven if a verified measuring instrument is used for measurement and:
1) the measurements have been made by a competent measurer who has been accredited or recognised as a professionally competent measurer, following the relevant measurement methods; or
2) the measurements have been made in compliance with the detailed requirements for the measurement procedure and the processing of the measurement results deriving from the Metrology Act or another Act and legislation established on the basis thereof.
(2) If the verification obligation has not been established for a measuring instrument by legislation, the traceability of measurement results can be proved by using a traceably calibrated measuring instrument or a certified reference material.
(3) In case of proving the traceability of measurement results, a device that cannot be traceably calibrated or verified can be permitted to be used for measuring under an Act or legislation established on the basis thereof, following the relevant procedures and measurement methods for the control of the device.
(4) The requirements for the measurement procedure and processing of the measurement results can be established by the Government of the Republic or by the minister responsible for the area by a regulation.
(5) The requirements for the professional competence and the procedure for the assessment and attestation of competence of measurers shall be established by the minister responsible for the area by a regulation.
Chapter 2 LEGAL METROLOGICAL CONTROL
Subchapter 1 Metrological Control of Measuring Instruments
Division 1 General Requirements
§ 6. General requirements for metrological control of measuring instruments
(1) The types of the metrological control of measuring instruments are:
1) conformity assessment;
2) national type approval;
3) verification;
4) legal metrological expert assessment.
(2) The metrological control of a measuring instrument can be rendered mandatory in the following areas of application:
1) in transactions, for the measurement of length, volume, mass, temperature, pressure, thermal and electrical energy, the quantities of liquids and gases and the density and content of various substances;
2) for the calculation of fees in the provision of transportation, communications and postal services;
3) for compliance with the requirements of customs and tax laws;
4) upon verification of a requirement deriving from legislation and during state supervision;
5) in the performance of expert assessment in pre-trial proceedings, judicial and arbitral proceedings or in extra-judicial proceedings concerning misdemeanours;
6) in the manufacturing and inspection of a medicinal product;
7) in medicine – in the monitoring, diagnosis and treatment of a patient’s health;
8) upon checking the actual contents of a prepackage and the volume of a measuring container bottle.
(3) Where the metrological control of a measuring instrument is mandatory pursuant to subsection (4) of this section, the measuring instrument must be declared to be in conformity with the requirements in the course a metrological control before it is placed on market or put into use, taking account of the following:
1) the conformity of such a measuring instrument for which requirements have been established by Directive 2014/32/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.03.2014, p. 149–250) must be assessed in accordance with the regulation stipulating the requirements for measuring instruments, established under subsection 5 (4) of the Product Conformity Act;
2) the conformity of a non-automatic weighting instrument must be assessed in accordance with the regulation stipulating the requirements for non-automatic weighting instruments, established under subsection 5 (4) of the Product Conformity Act;
3) a measuring instrument for which requirements have been established in a directive of the Council of the European Community (hereinafter individual EC directive) pertaining to that category of measuring instruments must undergo metrological control in accordance with Directive 2009/34/EC of the European Parliament and of the Council relating to common provisions for both measuring instruments and methods of metrological control (OJ L 106, 28.04.2009, p. 7–24);
4) a measuring instrument for which no requirements have been established by legislation specified in clauses 1)–3) of this subsection must undergo national initial verification on the basis of a national type approval certificate.
(4) The mandatory areas of application of measuring instruments that have undergone metrological control, including their exceptions, the list of measuring instruments that are subject to mandatory metrological control, the accuracy requirements, the verification validity periods of measuring instruments, and the specified requirements for metrological control and statistical verification shall be established, based on the areas of application enlisted in subsection (2) of this section and in order to ensure the reliability of measurement, by the minister responsible for the area by a regulation (hereinafter metrological control list).
(5) The Consumer Protection and Technical Regulatory Authority shall publish on its website the list and the conditions of validity of those individual EC directives on which basis European Community (hereinafter EC) type approval certificates have been issued, as well as descriptions and periods of validity of EC type approval marks and EC initial verification marks and conformity marks.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(6) A person who places on the market a measuring instrument entered in the metrological control list established on the basis of subsection (4) of this section shall present to a purchaser of the measuring instrument, to a verification laboratory or to a person exercising state supervision, at their request, the EC or European Union (hereinafter EU) type examination, design examination or type approval certificate or national type approval certificate.
Division 2 National Type Approval Certificate
§ 7. Requirement for national type approval certificate
(1) A measuring instrument entered in the metrological control list established on the basis of subsection 6 (4) of this Act which is subject to clause 6 (3) 4) shall have a national type approval certificate prior to the placing on the market and putting into use for the purpose specified in the metrological control list established on the basis of subsection 6 (4) of this Act.
(2) A national type approval certificate is not required for the measuring tanks for alcohol and liquid fuels and the permanent pipeline belonging thereto. Their compliance with the requirements set out in a relevant technical specification shall be proved by traceable calibration results.
§ 8. Issue, amendment, renewal and revocation of national type approval certificate
(1) A national type approval certificate shall be issued by the Consumer Protection and Technical Regulatory Authority for a measuring instrument which is subject to clause 6 (3) 4) of this Act and which has received affirmative result in a legal metrological expert assessment.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(2) An application for the issue, amendment or renewal of a national type approval certificate shall be submitted by the manufacturer of the measuring instrument or the manufacturer’s authorised representative or, in the case of a measuring instrument of which a single copy has been purchased, also by the distributor or possessor (hereinafter applicant), to the Consumer Protection and Technical Regulatory Authority that shall perform a legal metrological expert assessment on the basis of the submitted documents.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(3) In the course of a legal metrological expert assessment, the compliance of a measuring instrument’ type with the metrological and technical requirements provided for in legislation and the relevant technical specification shall be determined.
(4) In a legal metrological expert assessment, the compliance of a measuring instrument’s type with the requirements shall be proved on the basis of a national type approval certificate issued in a State which is a contracting party to the EEA Agreement or in Switzerland or other relevant document demonstrating the compliance, also testing or calibration results from an accredited testing or calibration laboratory. If necessary, the Consumer Protection and Technical Regulatory Authority may send a measuring instrument to an accredited testing or calibration laboratory for additional tests or calibration, the justified expenses for which shall be paid by the applicant.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(5) A state fee shall be paid at the rate provided for in the State Fees Act for the review of an application for the issue, amendment or renewal of a national type approval certificate.
(6) Measuring instruments imported from a state which is not a contracting party to the EEA Agreement, except for Switzerland, or manufactured in Estonia, shall be marked by the manufacturer, importer or manufacturer’s authorised representative with the type approval mark described in the national type approval certificate. A measuring instrument that has obtained a national type approval certificate in a State which is a contracting party to the EEA Agreement or in Switzerland and bears a type approval mark does not require an additional Estonian type approval mark.
(7) The Consumer Protection and Technical Regulatory Authority shall revoke a national type approval certificate if:
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
1) the applicant has submitted false data which affected the decision on the issue of a national type approval certificate;
2) the type approval certificate does not meet the requirements provided for in legislation;
3) the measuring instrument with a type approval reveals in service a defect which does not enable to use the measuring instrument of the given type for its intended purpose.
(8) The applicant for a type approval and the verification laboratories operating in the relevant field of measurement shall be notified of revocation of a national type approval certificate within five business days after the respective decision is made.
(9) The procedure for the application, issue, amendment, revocation and renewal of national type approval certificates and for the legal metrological expert assessment shall be established by the minister responsible for the area by a regulation.
§ 9. Period of validity of national type approval certificate
(1) A national type approval certificate shall be issued for a period of up to ten years, without a term or up until the expiry of the period of validity of the type approval certificate of a legal metrology authority of another country.
(2) The period of validity of a national type approval certificate shall be determined taking account of the validity of the document demonstrating the compliance of the measuring instrument and the technical solution of the measuring instrument.
(3) A national type approval certificate can be renewed for up to ten years or it can be turned into a certificate without a term.
(4) A national type approval certificate shall not be renewed if:
1) requirements have been established concerning that type of measuring instrument in the EU legislation;
2) requirements established by legislation are stricter than the metrological and operating requirements specified in the currently valid type approval certificate of the measuring instrument, and the type of the measuring instrument does not comply with those requirements.
Division 3 Performance of Verification Obligation and Verification
§ 10. Performance of verification obligation
(1) The obligation of verification of a measuring instrument shall be deemed complied with if the measuring instrument has been declared to be in compliance with the requirements in the course of at least one activity specified in the next clauses, and the verification validity period of the measuring instrument has not expired:
1) EC initial verification performed for a new measuring instrument manufactured in accordance with an individual EC directive by a verification laboratory fulfilling the requirements specified in § 15 of this Act;
2) conformity assessment of a non-automatic weighing instrument in accordance with the requirements of a regulation stipulating the requirements for non-automatic weighing instruments established on the basis of subsection 5 (4) of the Product Conformity Act, which shall be carried out by a competent notified body in the given field;
3) conformity assessment of a measuring instrument regulated under Directive 2014/32/EU of the European Parliament and of the Council in accordance with the requirements of a regulation stipulating the requirements for measuring instruments established on the basis of subsection 5 (4) of the Product Conformity Act, which shall be carried out by a competent notified body in the given field;
4) national initial verification of a measuring instrument put into use for the first time on the basis of a national type approval certificate, which shall be carried out by a verification laboratory fulfilling the requirements provided for in § 13 of this Act;
5) national subsequent verification (hereinafter subsequent verification) to demonstrate the ongoing compliance of a measuring instrument, which shall be carried out by a verification laboratory fulfilling the requirements provided for in § 13 of this Act for a measuring instrument that is presently in use and that has been previously declared to be in conformity with the requirements in the course of a conformity assessment or that has been previously verified.
(2) The verification validity period of a measuring instrument subject to mandatory metrological control shall be at least six months.
(3) If there is no possibility for verification of a particular measuring instrument in Estonia, the Consumer Protection and Technical Regulatory Authority may perform a legal metrological expert assessment of the measuring instrument on the basis of traceable measurement results and declare the measuring instrument to have passed verification in accordance with the procedure established on the basis of subsection 8 (9) of this Act.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(4) The verification obligation shall be performed by a bearer of the verification obligation, namely:
1) in case of placing the measuring instrument on the market and putting it into use: its manufacturer, the manufacturer’s authorised representative, importer or distributor;
2) in case of the use of the measuring instrument: its possessor or user.
(5) The bearer of the verification obligation shall ensure the use of the measuring instrument in the manner provided for in legislation, the type examination certificate or type approval certificate, the user manual compiled by the manufacturer, and the relevant technical specification.
(6) The verification obligation has not been performed in case of measuring instruments without verification marks, and measuring instruments with forged or damaged verification marks. If a verification mark is used only for conveying information regarding performed verification, the damaging of the mark does not affect the compliance with the obligation of verification of the measuring instrument.
§ 11. National verification
(1) In the national verification of a measuring instrument, it is assessed whether a measuring instrument entered in the metrological control list established on the basis of subsection 6 (4) of this Act complies with the requirements provided for in legislation and specified in the EC or EU type examination, design examination or type approval certificate or national type approval certificate, taking account of the provisions of subsection 7 (2) of this Act.
(2) A measuring instrument with a revoked type examination certificate or type approval certificate shall not be verified.
(3) It is not permitted to perform national initial verification of a measuring instrument, if the period of validity of its type approval certificate has expired.
(4) The subclasses of subsequent verification are the following:
1) periodic subsequent verification performed on a measuring instrument which is in use for the purpose of extending its verification validity period by the period specified in the regulation established on the basis of subsection 6 (4) of this Act;
2) extraordinary verification which is initiated if there is a suspicion regarding the conformity of a measuring instrument during the verification validity period;
3) statistical verification, in the course whereof a lot of measuring instruments is declared to be verified based on the following: the result of the verification of a suitable number of measuring instruments included in a random representative sample is attributed to all the measuring instruments included in the lot.
(5) Subsequent verification can be performed also in case the period of validity of the type examination certificate or type approval certificate providing a prerequisite for putting a measuring instrument into use has expired.
§ 12. Extraordinary verification
(1) The possessor or user of a measuring instrument shall initiate and organise an extraordinary verification if a suspicion regarding the conformity of the measuring instrument rises during the verification validity period or if a person engaged in the use of the measuring instrument submits an application for extraordinary verification.
(2) Extraordinary verification shall not be initiated on the basis of an application with regard to measuring instruments used in administrative or offence proceedings.
(3) Extraordinary verification initiated on the basis of an application specified in subsection (1) of this section shall be paid for by:
1) the possessor or user of the measuring instrument if, based on the results of the verification, the measuring instrument does not comply with the requirements;
2) the applicant for extraordinary verification if, based on the results of the verification, the measuring instrument complies with the requirements.
(4) After having received an application specified in subsection (1) of this section, the possessor or user of the measuring instrument will be entitled to request the applicant to pay the expenses related to the initiation and organisation of extraordinary verification in advance.
§ 13. Verification laboratory
(1) A person applying for an authorisation for operating as a verification laboratory in national verification or a person operating as a verification laboratory in national verification shall conform to the following requirements:
1) the areas of activity of the person include verification of measuring instruments;
2) the person is accredited as an inspection body for verification;
3) the person has an employee with the education, training and experience required for the verification of measuring instruments (hereinafter verifier);
4) the person has a suitable measuring standard, equipment and premises for the verification of measuring instruments, as well as standard or validated verification methods;
5) the person and each of its verifiers are in their economic and professional activities independent of the manufacturer, the manufacturer’s authorised representative, importer and distributor of the measuring instrument subject to verification and of the user of the measuring instrument for its intended purposes;
6) the person has a valid liability insurance with an amount of insurance coverage of at least 6400 euros, to ensure compensation for damage which may be caused to a third person by its operation as a verification laboratory, for the entire period of its operation as a verification laboratory.
(2) The issue, suspension and revocation of the authorisation of a verification laboratory, as well as operation as a verification laboratory and state supervision over verification laboratories shall be governed by the provisions of the Product Conformity Act regarding a conformity assessment body, except sections 28 and 34 of the Product Conformity Act, subject to the specifications arising from this Act.
(3) When an authorisation is issued to a verification laboratory for the first time, the issuer of the authorisation shall provide it with an identification number.
(4) A verification laboratory shall ensure the availability of the results of the national initial verification and subsequent verification broken down by classes of measuring instruments to the Consumer Protection and Technical Regulatory Authority by 1 February of the year following the verification.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
§ 14. Presentation, storage and issue of results of national verification and requirements for verification marks
(1) The result of national verification is an assessment of the conformity of a measuring instrument with the requirements specified in subsection 11 (1) of this Act.
(2) A verifier shall enter the measurement results and observation data obtained during national verification in a verification record, the mandatory data whereof are specified in the verification methods.
(3) A verification laboratory shall store the verification record for at least the double verification validity period of the measuring instrument. If the double verification validity period is longer than 30 years, the verification laboratory shall store the verification record for at least 30 years.
(4) On the basis of the result of national verification, the verifier shall attach a verification mark or marks onto a measuring instrument which conforms to the verification requirements.
(5) Verification marks shall be attached in such a manner that it would not be possible to adjust the measuring instrument or replace the elements of the measuring instrument without damaging at least one of them.
(6) A verifier must issue a verification certificate that identifies the measuring instrument for a set of measuring instruments or a measuring instrument specified in subsection 7 (2) of this Act. In other cases, a verification certificate shall be issued at the request of the person who submits the measuring instrument for verification.
(7) A verifier shall remove all previously installed verification marks from a measuring instrument that does not conform to the verification requirements and shall issue a certificate of non-conformity of the measuring instrument. At the request of the person who submits the measuring instrument for verification, the certificate of non-conformity may be withheld.
(8) The requirements for verification marks with the purpose of ensuring the high quality of verification marks, the procedure for ordering, use and maintenance of verification marks and the mandatory data of the verification certificate and certificate of non-conformity shall be established by the minister responsible for the area by a regulation.
§ 15. Verification laboratory performing EC initial verification
(1) EC initial verification of a measuring instrument shall be performed by a verification laboratory that complies with the requirements provided for in § 13 of this Act and that observes the requirements of metrological control and the requirements concerning the measuring instrument which is subject to verification established by of the individual EC directive in its verification operations.
(2) Compliance of the verification activities with the requirements specified in subsection (1) of this section shall be assessed by an accreditation body in the course of accreditation.
(3) The Consumer Protection and Technical Regulatory Authority shall notify the European Commission and EU Member States of a verification laboratory that was granted an authorisation for EC initial verification. The requirements arising from § 34 of the Product Conformity Act shall not apply to such notification.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
Subchapter 2 Prepackages and Measuring Container Bottles
§ 16. Requirements for prepackages, handling and checks thereof
(1) For the purposes of this Act, the nominal quantity of a product contained in a prepackage shall be expressed in units of mass or volume, between 5 g and 10 kg or between 5 ml and 10 l.
(2) Packers or importers must ensure that the prepackages handled by them comply with the tolerable errors of the actual contents of prepackages from the nominal quantities, with the pre-determined nominal quantities for prepackages and existing requirements concerning marking.
(3) In the handling process, packers must continually check the actual contents of every batch of prepackages consisting of prepackages packed in the same place with an equal nominal quantity, of the same type and the same production run. Importers shall check the actual contents of prepackages with regularity which ensures the compliance of the prepackages with the requirements specified in subsection (2) of this section.
(4) The actual contents of prepackages shall be checked using a verified measuring instrument or, in the absence of the verification obligation, a traceably calibrated measuring instrument.
(5) Packers may mark prepackages with an e-mark which shall be attached onto the prepackage to certify the compliance of the prepackage with the requirements, if the following conditions are met:
1) the prepackage complies with the requirements specified in subsection (2) of this section; and
2) the system for checking and ensuring the actual contents of prepackages has been certified by a certification body which has the relevant accreditation and the packer possesses the relevant valid certificate.
(6) Packers or importers who mark prepackages with an e-mark must possess documentation concerning the checking of actual contents, and must store the documentation for at least one year after the check.
(7) A law enforcement agency shall check the actual contents of prepackages using a verified measuring instrument or, in the absence of the verification obligation, a traceably calibrated measuring instrument, following the procedure specified in subsection (8) of this section.
(8) The mandatory pre-determined nominal quantities of prepackages, the requirements for the marking of prepackages, the tolerable error of the actual contents of prepackages from the nominal quantities and the procedure for checking the actual contents of prepackages shall be established with the purpose of protecting the interests of consumers by the minister responsible for the area by a regulation.
§ 17. Requirements for measuring container bottles, handling and checking thereof
(1) A measuring container bottle must:
1) be manufactured of material that is sufficiently rigid and stable, and possesses features that ensure equivalent metrological characteristics to those of glass;
2) be, in terms of its metrological characteristics, its shape and the integrity of its uniformity engineering, a sufficiently precise measuring instrument, precluding the need to measure a quantity of liquid directly, if the measuring container is filled to a specific level of its brim capacity;
3) be closable.
(2) Manufacturers or importers of measuring container bottles shall ensure that measuring container bottles comply with the tolerable error for the nominal capacity, as well as the requirements for the marking and checking of measuring container bottles.
(3) Manufacturers must mark measuring container bottles with the nominal capacity, the information required for the production of a prepackage and the manufacturer’s identification mark.
(4) Manufacturers of measuring container bottles shall present a drawing of the identification mark to be affixed to the measuring container bottles manufactured by him to the Consumer Protection and Technical Regulatory Authority, which shall inform the European Commission and EU Member States of the identification mark.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(5) Manufacturers of measuring container bottles may mark the measuring container bottles with a special symbol ‘ē’ ( reversed epsilon) if the compliance of the package with this Act and the legislation established on the basis thereof is proved.
(6) Measuring container bottles shall be checked using a verified measuring instrument or, in the absence of the verification obligation, a traceably calibrated measuring instrument.
(7) The values of nominal capacities of measuring container bottles and the maximum permissible errors of the nominal capacities, the requirements for the marking of measuring container bottles and the procedure for checking the capacity of measuring container bottles shall be established by the minister responsible for the area by a regulation with the purpose of ensuring the correct actual contents of the prepackages with the use of measuring container bottles in the manufacturing of the prepackages.
Chapter 3 COMPETENT AUTHORITIES IN THE FIELD OF METROLOGY
§ 18. Central office of metrology
(1) The central office of metrology is a state authority within the area of government of the Ministry of Economic Affairs and Communications which performs the functions listed in this section pursuant to its statutes, or a legal person with which the minister responsible for the area has entered into a public law contract for the performance of these functions on the terms and in accordance with the procedure provided by the Administrative Co-operation Act.
(2) The Ministry of Economic Affairs and Communications exercises supervision over the performance of the public law contracts specified in subsection (1) of this section.
(3) If a public law contract is terminated unilaterally or any other reason exists that prevents the person to whom an administrative function has been assigned under the public law contract specified in subsection (1) of this section from continuing further performance of the administrative function, a state authority within the area of government of the Ministry of Economic Affairs and Communications shall organise the further performance of the administrative function.
(4) The central office of metrology shall perform the following functions:
1) organise the calibration of national measurement standards, co-ordinate the periodic calibration of state-financed reference measurement standards, and intercomparisons with international measurement standards or with the measurement standards of other countries;
2) represent Estonia in the EU and international metrology organisations on the basis of authorisation granted by the minister responsible for the area;
3) co-ordinate research and development activities of national measurement standard laboratories;
4) prepare and submit development plans and reports regarding national measurement standards to the minister responsible for the area;
5) organise intercomparison calibrations between calibration and verification laboratories;
6) organise training in the area of metrology;
7) participate in standardisation and the arrangement of Estonian terminology in the field of metrology;
8) is capable of performing the functions specified in § 19 of this Act.
§ 19. National measurement standard laboratory
(1) A national measurement standard laboratory is a state authority within the area of government of the Ministry of Economic Affairs and Communications, which performs the tasks of a national measurement standard laboratory pursuant to its statutes, or a legal person with whom the minister responsible for the area has entered into a public law contract for the performance of these functions on the terms and in accordance with the procedure provided by the Administrative Co-operation Act.
(2) The Ministry of Economic Affairs and Communications exercises supervision over the performance of the public law contracts specified in subsection (1) of this section.
(3) If a public law contract is terminated unilaterally or any other reason exists that prevents the person to whom an administrative function has been assigned under the public law contract specified in subsection (1) of this section from continuing further performance of the administrative function, a state authority within the area of government of the Ministry of Economic Affairs and Communications shall organise the further performance of the administrative function.
(4) In the selection and designation of national measurement standard laboratories, the investments to be made in the laboratory and the laboratory’s anticipated abilities to make optimum use of resources for the maintenance and development of national measurement standards must be taken into consideration.
(5) The functions of a national measurements standard laboratory are the acquisition, maintenance, development, calibration and use of national measurement standards.
(6) A national measurement standard laboratory must:
1) be impartial and independent;
2) ensure the confidentiality of customer information;
3) comply with quality standards, international agreements and procedures;
4) develop national measurement standards in accordance with the resolutions and recommendations of the minister responsible for the area;
5) ensure the international equivalence of its metrological activity;
6) use public funds for the purpose intended and economically, in accordance with its principal activity;
7) be accredited as a calibration laboratory to the required extent and for the applied calibration method;
8) have a valid liability insurance contract with an amount of insurance coverage of at least 32,000 euros to compensate damage which may be caused to a third person by its operation, for the entire period of its operation;
9) participate, in accordance with its competence, in intercomparison measurements organised by the central office of metrology.
(7) The Ministry of Economic Affairs and Communications shall publish a list of national measurement standard laboratories and a list of their functions on its website.
§ 20. Reference measurement standard laboratory
(1) A reference measurement standard laboratory is a legal person whose reference measurement standard has been approved by a regulation established on the basis of subsection 4 (6) of this Act.
(2) A reference measurement standard laboratory is required to:
1) maintain the reference measurement standard and make it available for use;
2) participate in international intercomparison measurements at the level appropriate to it;
3) be accredited as a calibration or testing laboratory to the required extent and for the applied calibration method;
4) ensure compensation for potential damages to third persons, if these are caused by a false result presented by the laboratory.
(3) The Ministry of Economic Affairs and Communications shall publish a list of reference measurement standard laboratories and a list of their functions on its website.
§ 21. Legal metrology authority
The legal metrology authority is the Consumer Protection and Technical Regulatory Authority whose functions are the following:
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
1) performance of legal metrological expert assessment;
2) issue of national type approval certificates for measuring instruments;
3) declaring a measuring instrument to have passed verification in the case specified in subsection 10 (3) of this Act.
Chapter 4 STATE SUPERVISION
§ 22. State supervision
(1) State supervision over conformity with the requirements provided for in this Act, except for Chapter 3, and in legislation established on the basis of this Act shall be exercised by the Consumer Protection and Technical Regulatory Authority.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(2) The Consumer Protection and Technical Regulatory Authority is competent to exercise supervision over the following:
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
1) the use of compulsory units of measurement;
2) proving of the traceability of measurement results and over competent measurers;
3) the conformity assessment activities of notified conformity assessment bodies for measuring instruments;
4) compliance with the verification obligation;
5) the use of measuring instruments that are subject to mandatory metrological control;
6) the verification activities of verification laboratories specified in sections 13 and 15 of this Act;
7) handling of prepackages and measuring container bottles and checking their actual contents.
§ 23. Special state supervision measures
Law enforcement authorities may apply special state supervision measures provided for in sections 30–32 and 49–52 of the Law Enforcement Act for the exercise of the state supervision provided for in this Act on the bases and pursuant to the procedure provided for in the Law Enforcement Act.
§ 24. Specifications concerning state supervision
Law enforcement authorities may, pursuant to the terms and conditions provided for in § 50 of the Law Enforcement Act, enter premises and territories where:
1) measuring instruments that are subject to mandatory metrological control are used, as well as places where the measuring instruments intended to be placed on the market or put into use are verified or stored;
2) conformity assessment of measuring instruments is carried out;
3) prepackages or measuring container bottles are handled.
Chapter 5 LIABILITY
§ 25. Violation of requirements for use of measuring instrument
(1) Violation of the obligation of use and requirements for the use of a measuring instrument that has undergone metrological control, if significant damage is caused thereby, is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 20,000 euros.
§ 26. Forgery of verification mark, sale of forged verification mark and use of measuring instrument with forged verification mark
(1) Forgery of a verification mark, sale of a forged verification mark or use of a measuring instrument with a forged verification mark is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 32,000 euros.
§ 27. Violation of requirements for verification of measuring instruments
(1) Violation of the requirements for national verification of measuring instruments is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 20,000 euros.
§ 28. Violation of requirements for handling of prepackages
(1) Violation of the requirements for handling of prepackages, if significant damage is caused thereby, is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 20,000 euros.
§ 29. Proceedings
(1) The Consumer Protection and Technical Regulatory Authority shall conduct extra-judicial proceedings in the matters of misdemeanour provided for in this Chapter.
[RT I, 12.12.2018, 3 – entry into force 01.01.2019]
(2) [Repealed – RT I, 12.12.2018, 3 – entry into force 01.01.2019]
Chapter 6 IMPLEMENTING PROVISIONS
§ 30. Situations where no national type approval certificate is required
A national type approval certificate is not required:
1) for measuring instruments manufactured as a single copy which has been put into use before the entry into force of this Act;
2) for gas meters and volume conversion devices, thermal energy meters, measuring systems for continuous and dynamic measurement of quantities of liquids other than water, automatic weighing instruments, taximeters, material measures, dimensional measuring instruments and exhaust gas analysers placed on market and put into use before 30 October 2016 which have received a national type approval certificate in another EU Member State.
§ 31. – § 34. [Provisions on amendments to other Acts have been omitted from the translation]
§ 35. Repeal of the Metrology Act
The Metrology Act (RT I, 2004, 18, 132) is repealed.
§ 36. – § 37. [Provisions on amendments to other Acts have been omitted from the translation]
§ 38. Entry into force of Act
(1) This Act enters into force on 1 January 2019.
(2) § 31 and clause 33 2) of this Act enter into force on 1 June 2018.
1 Council Directive 75/107/EEC on the approximation of the laws of the Member States relating to measuring container bottles (OJ L 42, 15.2.1975, p. 14–20);
Council Directive 76/211/EEC on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain prepackaged products (OJ L 46, 21.02.1976, p. 1–11), last amended by Directive 2007/45/EC (OJ L 247, 21.9.2007, p. 17–20);
Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC (OJ L 39, 15.02.1980, p. 40–50), last amended by Directive 2009/3/EC (OJ L 114, 7.5.2009, p. 10–13);
Directive 2007/45/EC of the European Parliament and of the Council laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC (OJ L 247, 21.9.2007, p. 17–20);
Directive 2009/34/EC of the European Parliament and of the Council relating to common provisions for both measuring instruments and methods of metrological control (OJ L 106, 28.04.2009, p. 7–24);
Directive 2014/31/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.03.2014, p. 107–148);
Directive 2014/32/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.03.2014, p. 149-250), amended by Directive 2015/13/EU (OJ L 3, 07.01.2015, p. 42–43).
Facebook
Twitter