European Communities (Measuring Container Bottles) Regulations, 1977

• Jurisdiction: Ireland
• Citation: IR SI 237/1977
• Year: 1977

S.I. No. 237 of 1977.
EUROPEAN COMMUNITIES (MEASURING CONTAINER BOTTLES) REGULATIONS, 1977.
I, DESMOND O'MALLEY, 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), and for the purpose of giving effect to Council Directive No. 75/107/EEC,1 hereby make the following regulations:
	1 Citation and commencement.	1. These Regulations may be cited as the European Communities (Measuring Container Bottles) Regulations, 1977, and shall come into operation on the 1st day of September, 1977.
	2 Interpretation.	2. In these Regulations—
" the EEC sign "means a sign, at least 3 millimetres in height which is in the form of sign 3 (reversed epsilon) referred to in Article 6 of Council Directive No. 71/316/EEC2 dated the 26th day of July, 1971, relating to common provisions for both measuring instruments and methods of metrological control, as amended by the Act3 concerning the conditions of Accession and adjustments to the Treaties, and which sign certifies that such measuring container bottle complies with the requirements of Council Directive No. 75/107/EEC
1 O.J. No. L42, 15/2/1975, P. 15.
2 O.J. No. L202, 6/9/1971, P. 1.
3 O.J. No. L73, 27/3/1972, P. 14.
" measuring container bottle "means any container commonly called a bottle which—
( a ) is made of glass or any other substance having such rigidity or stability that it offers the same metrological guarantees as glass,
( b ) is stoppered, or designed to be stoppered,
( c ) is intended for the storage, transport or delivery of liquids,
( d ) has a nominal capacity of not less than 0.05 litres nor more than 5 litres, or
( e ) is so designed or manufactured that it can be used as a measuring container, that is to say, when it is filled to a specified level or to a specified percentage of its brim capacity, the contents can be measured with sufficient accuracy;
" the Minister "means the Minister for Industry and Commerce.
	3 Licences.	3. (1) No person or firm shall manufacture, import, export or sell measuring container bottles otherwise than in accordance with a licence issued by the Minister pursuant to this Regulation.
(2) The Minister shall issue a licence under this Regulation only when he is satisfied that—
( a ) the applicant, if he is a manufacturer of measuring container bottles, complies with the requirements of the First and Second Schedule to these Regulations, or
( b ) the applicant, if he is an importer of measuring container bottles, complies with the requirements of the Second Schedule to these Regulations.
(3) In any case where the holder of a licence issued under this Regulation fails to comply with the provisions of the First and Second Schedule to these Regulations, or with the provisions of the Second Schedule to these Regulations, as the case may be, the Minister may revoke such licence.
(4) Every licence issued under this Regulation shall be in the form specified in the Third Schedule to these Regulations.
	4 Offences.	4. It shall be an offence to mark a measuring container bottle with the EEC sign, or to import, export or sell an empty measuring container bottle affixed with that sign unless—
( a ) the person or firm so doing holds a licence issued under Regulation 3 of these Regulations, and
( b ) the holder of the licence, and the measuring container bottle so imported, exported or sold comply with the provisions of the First and Second Schedules to these Regulations.
	5 Weights and Measures Acts, 1878 to 1961.	5. (1) 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 the use of measuring container bottles affixed with the EEC sign.
(2) An Inspector of Weights and Measures, appointed in accordance with the provisions of the Weights and Measures Acts 1878-1961, shall, on notification by the Minister to the authority appointing the Inspector under those Acts, carry out the checks provided for in Annex II of Council...