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European Weighing Industry
Newsletter Issue #8 - May 2016
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Blue Guide 2016 – New Version Out

The European Commission has published at the 5. April 2016 a new version of the Blue Guide. This version replaces the Blue Guide version 2014. The target of the Blue Guide is to ensure the broadest possible common understanding on implementation of the New Legislative Framework (NLF) for the marketing of products and the corresponding legal documents such as decisions, regulations and directives.

Among several detailed improvements, following topics relevant for manufacturers are treated in more details respectively are added and should be taken care about:

E-Commerce

The commission has recognized the fact, that more and more products are imported to and distributed within the European market with the support of online services. It clarifies now the understanding of the individual activities and roles for the e-commerce:

Products offered for sale by online operators based in the EU are considered to be placed on the Union market, regardless of who placed them on the market (the online operator, the importer, etc.). Products offered for sale online by sellers based outside the EU are considered to be placed on the Union market if sales are specifically targeted at EU consumers or businesses. These products are considered as supplied for distribution, consumption or use in the Union market when products are offered for sale by an online operator and are likely to be (or have already been) ordered by consumers or businesses in the EU. If this offer specifically addresses the consumer in the EU, the supply is considered to be made on the Union market.

The legal consequence is that products offered for sale by online operators need to comply with all applicable EU rules when placed on the market, i.e. when offered for sale online. Such compliance can be physically verified by responsible authorities when the products are in their jurisdiction, at the soonest, at the customs.

In addition, products offered by online operators are generally stored in fulfilment houses located in the EU to guarantee their swift delivery to EU consumers. Accordingly, products stored in such fulfilment houses are considered to have been supplied for distribution, consumption or use in the EU market and thus placed on the EU market. When an online operator uses a fulfilment house, by shipping the products to the fulfilment house in the EU the products are in the distribution phase of the supply chain.

Reflecting additionally the E-Commerce Directive following consequences for hosting service providers are derived: When national authorities cannot contact the responsible economic operator making unsafe/ non-compliant products available online, they can contact the hosting providers. When notified of unlawful activity, intermediaries or hosting service providers have to remove or disable the content, meaning that the unsafe/ non-compliant products would no longer be accessible to EU customers through their services.

Fulfilment houses represent also a new business model generated by e-commerce. Products offered by online operators are generally stored in fulfilment houses located in the EU to guarantee their swift delivery to EU consumers. These entities provide services to other economic operators. They store products and, further to the receipt of orders, they package the products and ship them to customers. Sometimes, they also deal with returns. There is a wide range of operating scenarios for delivering fulfilment services. Some fulfilment houses offer all of the services listed above, while others only cover them partially. The activities of fulfilment service providers go beyond mere transport or storage services, as a parcel delivery company would deliver. The complexity of the business model they offer makes fulfilment service providers a necessary element of the supply chain and therefore they can be considered as taking part in the supply of a product, subsequently to its placing on the market. Thus fulfilment service providers could be considered as distributors.

Product Risk Assessment

The interpretation of "essential requirements" clarifies now the tasks of the manufacturers related to their responsibility for their products:

Essential requirements must be applied as a function of the hazard inherent to a given product. Therefore, manufacturers have to carry out a risk analysis to first identify all possible risks that the product may pose and determine the essential requirements applicable to the product.

This analysis has to be documented and included in the technical documentation. In addition, the manufacturer needs to document the assessment of how he is addressing the risks identified to ensure that the product complies with the applicable essential requirements (for example, by applying harmonized standards). If only part of the harmonized standard is applied or it does not cover all applicable essential requirements, then the way applicable essential requirements not covered by it are dealt with, should be documented.

by Daniel Meier

 

Experience with the NLF

The 20th of April has passed, and the time to implement has passed, and the new NAWI and MI Directive are now applicable.While some countries have already published their version, and the notified bodies have been listed on the NANDO-Website, the majority of the CECIP member states are not listed yet.

A special case is certainly the UK. While the directive is almost implemented, the proposal could not yet gain parliamentary approval. Therefore, at least until the Brexit-Referendum in June, the old Directive will still be used. However, there are notified bodies that can already perform their work under the new Directive, as can be seen on the NANDO-Website. One could even say that this can be de facto considered as a transition period.

However, the situation in most other member states concerns us deeply. Many member states have no accredited Notified Body, no implemented text and no information on the timeframe in which such a text may be produced.

Therefore, CECIP and the Legal Metrology Group is going to contact the Commission to ask for clarification in the matters.

Friedrich Trosse,
CECIP General Secretary

 

New Online Sales Law Regulation

by Friedrich Trosse, CECIP General Secretary

On 7th of April 2016 CECIP attended an event regarding online sales law as a way to improve online cross border trade.

Of most relevance for the European Weighing Industry is first and foremost that there was no explicit discussion about extending the scope of the new regulation into business to business contracts. Instead, the main focus will be the improvement and harmonization of consumer rights throughout Europe – one of the panelists even explained that such a regulation would change the current state of consumer protection.

Instead of having a basic standard, which can be raised by every member state acting on its own, the online sales law regulation would make one standard applicable throughout the entire European Union. A member state would not only be in breach if it imposes lower standards, but may even be in breach if its standards are higher than those prescribed by the EU.

While this may prove to be detrimental for some customers, they might be compensated by having a better protection from a legal standpoint. It is being debated whether the burden of proof for the seller for the proper functioning of their product shall be extended from 6 to 24 months.

Additionally, there will be another regulation regarding online services, which at the moment is given precedence over online sales. Even though the online sales regulation is being discussed, it may still take time until it becomes law.

CECIP- Delegation opens the Interweighing

By Roland Nater

The Interweighing is an international trade fair for weighing instruments, organized by the China Weighing Instrument Association (CWIA). It takes place once a year in Shanghai and in the following year in altering Chinese provinces. This year the fair took place from 20.-22. April in Chengdu (Province: Sichuan).

On the day before, the CWIA held a seminar. Roland Nater, member of the CECIP board/ president of the ICG-group and Karlheinz Banholzer, president of the CECIP-LMG group, had the opportunity to introduce the CECIP and its strategy. Furthermore, the vice-president of the PTB Dr. Roman Schwartz held a presentation about the current state in the OIML and WELMEC in relation to the weighing technology. Other members of the CECIP-delegation were Hans-Günther Heil, from VDMA measure and inspection technology. The seminar was attended by roughly 70 people.

The Interweighing was opened by the president of the CWIA, Liu Xiaohua and the delegation of Dr. Schwartz, Nater and Heil and other Chinese association representatives, with the traditional “ribbon-cutting”. During the following tour of the venue, several booths of the 300 exhibitors in hall 8 and 9 were visited. The second day of the fair, rounded the program off. A more detailed report of the CWIA will follow.

The next Interweighing will also take place in Shanghai.

 

The NoBoMet Meeting

by Ian Turner

The NoBoMet Group is a group of European Notified Bodies that attempt to coordinate their actions in the single market. The group has met for a number of years and is slowly becoming more effective. CECIP have attended the meetings for a number of years and have always actively contributed to the discussion. Mr Harry Stoltz of the PTB has taken over the chairmanship of the group and it is expected that he will continue to make the group an important arena.

There were two agenda items that were of importance to CECIP this year, both raised by the PTB. There was a useful discussion on how notified bodies should deal with the situation where the owner of the Module B type approval certificate is not the same as the manufacturer for the purposes of module D. It was agreed that there needs to be a strong contractual relationship between the two parties so that it can be demonstrated that the manufacturer always has access to technical information relating the type approval. The NMO explained that this system of the module B certificate holder not necessarily being the same as the module D had worked in the UK for a number of years and they were happy to provide some examples of how this worked in practice.

The second area of discussion covered the new EN45501 (2015) and how this should be dealt with. Some notified bodies expressed the view that compliance with the existing standard would not give compliance with the essential requirements. It was noted by CECIP that the new standard would presume compliance with the Directive, but it did not necessarily follow that the old standard would fail to give compliance. CECIP firmly expressed the view that there were other possible methods of demonstrating compliance and this was for the manufacturer to determine; they could for example place warnings in any manual that an instrument built to the old standard should not be used in an environment that may be subject to intense electromagnetic fields. The responsibility for demonstrating compliance was the manufacturers’ and the new standard should not be used as quasi-legislation.

This was a useful meeting and we look forward to cooperating with notified bodies at the next one.

 

The WELMEC WG5 meeting

CECIP were present at the most recent WELMEC WG5 meeting in Stockholm on the 15th and 16th April. WG5 meets to discuss the coordination of European Market Surveillance. The meeting was well attended, but it is disappointing that we continue to be excluded from the part of the meeting when they discussed the results of the market surveillance projects.

WG5 is showing some success at coordinating joint market surveillance projects between member states and the potential projects for 2016-17 were discussed. The decision of the group was to focus on the supply of weighing instruments from the Internet, the use of POS (This was in the context of the French market surveillance project from last year) and the use of NAWI's for medical use. All of these suggestions were supported by CECIP as good areas in which to carry out market surveillance. The Commission would support the projects and the final decision would be made in a few months.

It was good to see that the Spanish Authorities had taken action against some Internet suppliers and were planning to take further action. There was a discussion on the legal difficulties of proving that instruments not marked with an M were intended for commercial transactions. CECIP expressed the view that it would be difficult to demonstrate that they were not intended to be used for price calculating.

There was a long discussion on the problem of new/repair and the difficulties that this provides. CECIP explained that they had a published view on this. The information had been provided previously and we would do so again.

There was some understanding of the SOLAS requirements, but not all member states were aware of it. It was good to see that again CECIP had a published view on SOLAS and the group was keen to hear our position in the absence of a more consistent European position.

There was a discussion on the role of risk assessment under the new Directives. It was suggested that the enforcement of this may not be the responsibility of the market surveillance authorities but of the notified bodies. It was felt that most of the risks that a manufacturer would face with regard to the new NAWI or MID Directive were covered by compliance with module B and module D. The group decided to refer this to the NoBoMet for their view.

The Danish authorities presented information on a market surveillance project on instruments used for jewelry and precious metals. There was a high level of non-compliance (23 not marked correctly // 16 of 23 no accuracy class marking // 5 of the 16 had an error display/9 not sealed).

 

Who is who in the Kingdom of the Netherlands.

by Friedrich Trosse

The industry

VLW (Vereniging Leveranciers van Weeginstrumenten) is established as succession of a consultation platform, started in the 1980’s as an initiative of the former “IJkwezen”. Before the privatizing of this organization it was felt necessary to improve the contacts with the stake holders. Twice a year, in spring and fall, VLW organizes a meeting for its members with the Ministry of Economic Affairs and the market surveillance organization “Agentschap Telecom”.

VLW has 46 members, all involved in weighing, active as service providers, trading/importing companies and manufacturers. VLW’s board has three members. Two working groups are active, one for “legal metrology” and a second one for marketing of the weighing sector. The legal metrology working group is supported by a specialist. VLW is member of CECIP and presented in its working groups.

Full information for market and members is available on the web site www.weeginstrumenten.nl.

The notified body for weighing.

NMi Certin is an independent specialist for testing, certification and training in the fields of metrology and gaming. Manufacturers and end users can rely on world-wide recognition of NMi Certin measurement reports and certificates in the following fields: oil & gas, utilities, weighing, volume and length, pre-packaging and e-marks, gaming and mobility and traffic law enforcement. NMi-Certin services cover all weighing instruments, regulated in the NAWI and MID directives. NMi supplies its products and services all over the world. It has branches in the Netherlands, Italy, the United Kingdom and Canada and it collaborates with local organisations in China, Turkey and Japan.

For many years, NMi also has mutual recognition agreements with countries like China, Japan and Australia where its test results are accepted for market access.

Measuring instruments and games of chance are tested in NMi’s laboratories or, where possible, on site for compliance with the relevant legislation and regulations. NMi also develops test procedures to demonstrate conformity, enabling international market access for manufacturers of measuring instruments and games of chance. More information is found at: www.nmi.nl.

The market surveillance organization.

As of January 1, 2016, the tasks of the market surveillance organization Verispect transferred to the Agentschap Telecom. From the Department of Metrology and Security, Agentschap Telecom now oversees compliance including Metrology. The monitoring of compliance with that law primarily serves the protection of the consumers.

Agentschap Telecom monitors within the Metrology Law the use of and trade in a number of different measuring and weighing instruments, such as

  • Fuel Pumps
  • Energy Meters
  • Prepackaging
  • Weighbridges
  • Balances
In the legislation of the Netherlands an obligatory periodical inspection is not included. Agentschap Telecom controls “at random”. The schedule for doing so takes the risk in account, so instrumentation of which the experience learns they are out of order above average become more attention. So any instrument in use shall be verified periodically by Agentschap Telecom on behalf of the government. This check determines whether the meter still fulfils the requirements of the Metrology Law. A formal inspection is carried out; a check for the presence of the metrological markings / verification marks, inscriptions and if the sealing is intact. Then the measuring device may be subjected to technical checks. This periodic inspection is performed by employees of Agentschap Telecom only. For the technical inspection Agentschap Telecom signed a cooperation agreement with a number of companies. When such a participating company recently conducted a test on a measuring instrument, the agency will in most cases not check again.

More information is available on: www.agentschaptelecom.nl.

 

CECIP 66th General Assembly
SEMINAR
02th June 2016, Vienna, Austria
Trend Hotel Savoyen

SPEAKERS

Mr. Ian Turner, CECIP LMG Vice-President

Mr. Turner has been working in the field of legal metrology for 29 years since beginning as an Inspector of Weights and Measures Authority in the UK. Since 2009 he has worked as the technical officer for the United Kingdom Weighing Federation (UKWF) giving members advice in all aspects of legislative and technical compliance. He has been an active member of the CECIP Legal Metrology Group and Business and Trade Group working with colleagues to achieve the best for all CECIP members. He is also involved in work for a European notified body carrying out audits under the Directives for a wide range of weighing and measuring equipment. He has completed training in developing countries to assist them in building a legal metrology infrastructure and is the editor of a legal textbook on UK and European legal metrology law

Topics: “Software and Risk Assessment”
Abstract: Risk Assessment
Risk assessment is the determination of a quantitative or qualitative estimate of risk related to a well-defined situation and a recognized threat. It is becoming an increasingly significant influence in many areas of life including the application of market surveillance and legal metrology. This presentation looks at some of the risk assessment models that are becoming increasingly influential in the work we do in manufacturing and supplying weighing instruments.

Software and risk assessment
The role and significance of software is perhaps the most important challenge for the future in the production and supply of weighing instruments. The technology and the demand for these instruments will continue to develop and the task we all face is how the manage the legislation around this. One of the present projects that we look at here is the possible use of risk assessment in deciding the security and control that must be applied to the software. This appears a potential route for the future and CECIP would be keen to hear your views.

Mr. Daniel J. Meier, Ph.D., CECIP LMG Vice-President

Mr. Meier holds a University degree in Chemistry and a Ph. D. in natural sciences. He works for the Legal Metrology Department of Mettler-Toledo International Inc., Switzerland. He is member of the CECIP LMG, representing CECIP in the European Commission's working groups for measuring instruments and for the Blue Guide and also in several WELMEC working groups a.o.: Software (WG7).
Mr. Meier has experience in Quality Control, Quality Assurance, Quality Management and Regulatory Affairs in life science industries. He has been working for several years with market surveillance authorities. He collaborates with national, European and international standardization projects.

Topic: “Blue Guide 2016 – New Version”
Abstract:
The European Commission has published at the 5. April 2016 a new version of the Blue Guide. This version replaces the Blue Guide version 2014. The target of the Blue Guide is to ensure the broadest possible common understanding on implementation of the New Legislative Framework (NLF) for the marketing of products and the corresponding legal documents such as decisions, regulations and directives. Among several detailed improvements, following topics relevant for manufacturers are treated in more details respectively are added and should be taken care about are E-Commerce and risk assessment.

Software and risk assessment
The role and significance of software is perhaps the most important challenge for the future in the production and supply of weighing instruments. The technology and the demand for these instruments will continue to develop and the task we all face is how the manage the legislation around this. One of the present projects that we look at here is the possible use of risk assessment in deciding the security and control that must be applied to the software. This appears a potential route for the future and CECIP would be keen to hear your views.

Mr. Joan Martinez, CECIP LMG Member

Joan Martínez is Master on Telecommunications Engineering by Politecnic University of Catalonia (UPC). He is working in Grupo Epelsa, S.L. (Spain) and has been working in the weighing industry from 1986 and became actively participant in LMG starting on 2010. At the moment he is representing CECIP in Working Group for developing the new Guide 2.1 for digital indicators, and is also cooperating as supporting team in other groups, such as load cells and weighing instruments.

Topic: “WELMEC Guides under revision”
Abstract:
WELMEC Guide for evaluating indicators and analog data processing devices will be the new guide replacing current 2.1 Guide for testing indicators issue 4 of August 2001. Because the new standard EN-45501:2015 came into force, and WELMEC Guide 8.8 of technical implementation of modular approach were not existing in 2001, it was necessary to revise the old Guide and bring it to an updated text consistent with new regulation and recommendations. It is expected to have the new Guide published as final document in the second half of 2016.

Mr. Vincent van der Wel, CECIP LMG member

Mr. Vincent M. van der Wel, CECIP LMG member Vincent M. van der Wel founded PENKO Engineering (Ede, NL) in 1977. He is active in CECIP over 20 years now. His specializations are all kind of automatic weighing processes in industry, including heavy duty applications. He is President of the weighing federation of the Netherlands (VLW), from 2008 until 2014 he was President of CECIP.

Topic: “IMO/SOLAS Convention on Container Weighing”
Abstract:
In 2014, the 169 member countries of the London-based IMO passed a new regulation to strengthen its existing Safety of Life at Sea (SOLAS) convention. The new law requires all shipping containers to be accurately weighed, with the weight verifiable before they are allowed to be loaded onto vessels. The regulation will go into effect worldwide on July 1st, 2016. The new regulation was put in place to help guarantee the safety of ship and harbor crews. It is also intended to prevent accidents that can occur when ship contents fall overboard because a stack of containers’ center of gravity is positioned too high or when a ship rocks, causing LASH (lighter aboard ship) vessels to be overloaded and break. Container stacks sometimes collapse because goods are incorrectly piled, and when a boat is not evenly balanced, it can affect a ship’s trajectory. Proper weighing and declaration can help avoid these situations. Weighing equipment takes the guesswork out of weighing shipping loads, making the process of getting accurate results very easy. The products also help ensure that loads won’t be rejected by the ship owner for not being properly weighed and verified.

 

Agenda

  • 01/06/2016 LMG Meeting Vienna, Austria
  • 02/06/2016 LMG Seminar Vienna, Austria
  • 03/06/2016 CECIP General Assembly, Vienna, Austria

 

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