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S.I. No. 187/1979 - European Communities (Measurement of Alcoholic Strength) Regulations, 1979.

S.I. No. 187 of 1979.

EUROPEAN COMMUNITIES (MEASUREMENT OF ALCOHOLIC STRENGTH) REGULATIONS, 1979.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 76/765/EEC of 27 July, 19761, and Council Directive No. 76/766/EEC of 27 July, 1976 , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Measurement of Alcoholic Strength) Regulations, 1979.

2. (1) In these Regulations "the Council Directive" means Council Directive No. 76/765/EEC of 27 July, 1976.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive or in Council Directive No. 76/766/EEC of 27 July, 1976 has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive or in Council Directive No. 76/766/EEC of 27 July, 1976, as the case may be.

1 O.J No. L262/143, 27/9/1976.

2 O.J No. L262/149, 27/9/1976.

3. (1) Only those alcoholometers and alcohol hydrometers to which the Council Directive applies may bear the EEC pattern approval sign and the EEC initial verification mark and they shall be subject to EEC approval and shall be submitted for EEC initial verification.

(2) Nothing in the Weights and Measures Acts, 1878 to 1961, or any instrument made thereunder shall prohibit, prevent or restrict, or authorise or empower the prohibition, prevention or restriction of or the refusal to authorise or permit, the placing on the market or entry into service of alcoholometers and alcohol hydrometers to which the Council Directive applies if the alcoholometers and alcohol hydrometers bear the EEC pattern approval sign and the EEC initial verification mark.

4. (1) Regulations 7 and 11 (which relate to the affixing of EEC initial verification marks to instruments and the inspection of instruments to which such marks are affixed) of the European Communities (Measuring Instruments) Regulations, 1973, shall apply to alcoholometers and alcohol hydrometers to which the Council Directive applies as they apply to the instruments covered by those Regulations, subject to the modifications that in those Regulations references to inspectors shall be construed as references to inspectors under the Weights and Measures Acts, 1878 to 1961, and officers of the Institute for Industrial Research and Standards, and references to the special provisions applicable to an instrument of its category and the requirements prescribed as references to the requirements in relation to an instrument of its category specified in the Annex to the Council Directive.

(2) Paragraphs 2 and 3 (which relate to the affixing of EEC pattern approval symbols to instruments) of Schedule 2 of the European Communities (Measuring Instruments) Regulations, 1973, shall apply to alcoholometers and alcohol hydrometers to which the Council Directive applies as they apply to instruments covered by those Regulations.

5. The symbol "% vol" shall be used to indicate alcoholic strength by volume and the symbol "% mas" shall be used to indicate alcoholic strength by mass and other symbols or methods to indicate such strength shall not be used.

6. (1) Figures for indicating alcoholic strength may be derived from the alcoholometric tables drawn up on the basis of the formula shown in the Annex to Council Directive No. 76/766/EEC of 27 July, 1976, and from measurements taken with alcoholometers or alcohol hydrometers bearing the EEC pattern approval sign and the EEC initial verification mark or with instruments providing at least an equivalent degree of accuracy.

(2) Regulation 5 of these Regulations and this Regulation shall come into operation on the 1st day of January, 1980.

7. (1) There shall be charged in respect of each alcoholometer and alcohol hydrometer submitted for EEC initial verification to an inspector under the Weights and Measures Acts, 1878 to 1961, or to an officer of the Institute for Industrial Research and Standards a fee of £6.

(2) Fees under this Regulation 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 an respect of fees under these Regulations.

GIVEN under my Official Seal, this 24th day of May, 1979.

DESMOND O'MALLEY,

Minister for Industry, Commerce

and Energy.

EXPLANATORY NOTE.

These regulations are made to give effect so far as necessary, to Council Directives No. 76/765/EEC and 76/766/EEC on the approximation of the laws of Member States relating to alcoholometers and alcohol hydrometers and to alcohol tables.