Explanatory note

These Regulations amend the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (“the 1995 Regulations”).

The 1995 Regulations implement the obligations of the United Kingdom under Council Directive No. 76/891/EEC (O.J. No. L336, 4.12.1976, p.30) (“the 1976 Directive”), as now amended by Commission Directive No. 82/621/EEC (O.J. No. L252, 27.8.1982, p.1) and by Protocol 1 and Part IX of Annex II to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm. 2073, European Communities No. 7 (1992) and O.J. No. L1, 3.1.1994, p.1) (“the EEA Agreement”), as itself amended by the Protocol adjusting that Agreement signed at Brussels on 17th March 1993 (Cm. 2183, European Communities No. 2 (1993) and O.J. No. LI, 3.1.1994, p.572). The 1976 Directive makes provision in relation to the technical requirements for the design and functioning of electrical energy meters for the purpose of EEC type (pattern) approval and EEC initial verification granted in accordance with Council Directive No. 71/316/EEC (O.J. No. L202, 6.9.1971, p.1) (“the 1971 Directive”), as amended. (Measures amending the 1971 Directive are Council Directives No. 72/427/EEC (O.J. No. L291, 28.12.1972, p.156), No. 83/575/EEC (O.J. No. L332, 28.11.1983, p.43), No. 87/354/EEC (O.J. No. L192, 11.7.1987, p.43), No. 87/355/EEC (O.J. No. L192, p.46) and No. 88/665/EEC (O.J. No. L382, 31.12.1988, p.42); Protocol 1 and Part IX of Annex II to the EEA Agreement; and the successive Acts of Accession to the European Communities referred to in paragraph 1 of Part IX of Annex II to the EEA Agreement).

The 1971 Directive, which makes provision in relation to measuring instruments generally and methods of metrological control, prohibits national restrictions on the placing on the market or entry into service of measuring instruments bearing the mark certifying EEC initial verification or the sign certifying EEC pattern approval, and requires the same value to be attached to EEC pattern approval and EEC initial verification as to the corresponding national measures.

The principal effect of the amendments is to provide that the Gas and Electricity Markets Authority (“the Authority”) shall not, unless asked to do so by a person submitting a meter for EC pattern approval, carry out examinations on a meter submitted for approval if the report of a nominated laboratory on the meter enables the Authority to conclude that the pattern conforms to the requirements of the relevant EC Directive. The amendments also enable the Authority to use the services of a nominated laboratory in carrying out its functions under the 1995 Regulations.

The way in which fees are charged for pattern approval and initial verification also changes for submissions made on or after the date on which these Regulations come into force to allow the Authority to recover the costs of using external resources in the carrying out of its functions.

A Regulatory Impact Assessment for this Instrument has been prepared and copies can be obtained from Ofgem, 9 Millbank, London, SWIP 3GE. A copy of the Regulatory Impact Assessment has been placed in the library of both Houses of Parliament.