Directive 1971/349 - Approximation of the laws of the Member States relating to the calibration of the tanks of vessels - Main contents

official title

COUNCIL DIRECTIVE

of 12 October 1971

on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels

(71/349/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament (1);

Having regard to the Opinion of the Economic and Social Committee (2);

Whereas in several Member States mandatory provisions lay down the methods by which the tanks, including the liquid fuel bunkers, of inland waterway vessels and of national and international coasters may be calibrated and used to measure their contents; whereas these requirements differ from one Member State to another and consequently hinder recognition by all Member States of measurements carried out by means of a tank calibrated by one of them;

Whereas such obstacles to the establishment and proper functioning of the common market can be reduced and even eliminated if all the Member States adopt the same requirements, either supplementary to or in place of their existing laws;

Whereas the Community requirements relating to the calibration method described in this Directive ensure that the quantity of liquid in tanks calibrated by this method can be measured at all times and with sufficient accuracy;

Whereas the calibration of the tanks of vessels is comparable to the initial verification procedure for measuring instruments; whereas certain provisions of the Council Directive of 26 July 1971 (3) on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control may therefore properly be applied in this matter;

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive concerns EEC calibration of the tanks of inland waterway vessels and of coasters.

‘EEC calibration’ means a calibration carried out by a Member State in accordance with this Directive.

Article 2

The results of calibration operations shall be recorded in an EEC calibration certificate, in conformity with the Annexes.

Member States shall attach the same value to the EEC calibration certificate as to the corresponding national documents.

Article 3

The measuring instruments used to determine the level of the liquid in tanks calibrated in accordance with this Directive shall be specially adapted for this purpose.

The shall comply with the requirements of the relevant separate directive.

Provisionally, however, instruments may be used if accepted by the competent service in the Member State where the level of the liquid is determined.

This provisional arrangement shall be terminated one year after the date laid down for the entry into force of the separate directive on the instruments in question.

Article 4

• 1. 

  Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.

• 2. 

  The Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.

Article 5

This Directive is addressed to the Member States.

Done at Luxembourg, 12 October 1971.

For the Council

The President

• L. 

  VIGLIANESI

• (1) 

  OJ No C 108, 19.10.1968, p. 36.

• (2) 

  OJ No C 4, 14.1.1968, p. 2.

• (3) 

  OJ No L 202, 6.9.1971, p. 1.

ANNEX I

GENERAL REQUIREMENTS CONCERNING THE CALIBRATION OF THE TANKS OF VESSELS

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