The Gazette 1984

GAZETTE

MARCH 1984

European Communities (Units of

Measurement) Regulations 1983

Gerald Moloney, Solicitor

HE European Communities (Units of Measurement)

Regulations 1983' came into force on November 1st,

1983. The Regulations provide the legal basis for the use

of the metric system in Ireland and outlaw from use many

imperial and other non-metric units of measurement. The

Regulations were adopted (2 years and 1 month later than

was directed) to give effect to an EEC Council Directive

of December, 1979.

Before outlining the provisions of the 1983

Regulations, the Weights & Measures Act 1878 ought to

be mentioned. The 1878 Act, which remains a principal

source of law in the area of measurement, sought to

consolidate the existing law relating to weights and

measures and provided that "the same weights and

measures shall be used throughout the United Kingdom".

The Act laid down the imperial standards of measure and

weight, provided the method for the exact calculation of

such units of measurement as the yard, the pound, the

gallon, etc., stipulated the effect on contracts of the use of

units of measurement other than those authorised by the

Act, provided penalties for improper weighing and

measuring, provided for the appointment of Inspectors of

weights and measures, provided for the application of the

Act to Ireland and dealt with other matters relating to

measurement. Interestingly, the Act provides what may

be the first legal recognition of the metric system in this

part of the world. The Third Schedule to the Act sets out

the metric equivalents of the various imperial weights and

measures and provides (Section 21) that "a contract or

dealing shall not be invalid or open to objection on the

ground that the weights or measures expressed or referred

to therein are weights or measures in the metric

system. . . .".

The Directive, on which the Regulations are based, is

not dissimilar to the 1878 Act in the sense that it consoli-

dates all Community provisions in the area and seeks to

take the Community one step further towards a single and

unified system of weighing and measuring. Given the

volume of business transacted between the Member

States, the desirability of a common system is obvious. It

is worth quoting from the recitals to the Directive:—

"Whereas units of measurement are essential in the

use of all measuring instruments, to express

measurements or any indication of quantity;

whereas units of measurement are used in most

fields of human activity; whereas it is necessary to

ensure the greatest possible clarity in their use;

whereas it is therefore necessary to make rules for

their use within the Community for economic,

public health, safety or administrative purposes".

The Directive is based on Article 100 of the Treaty of

Rome, which provides for the issue of Directives for the

approximation of the laws of the Member States.

The Regulations

The purpose of the Regulations is to specify:

(a) Those metric units of measurement authorised for

use in Ireland; and

(b) Those non-metric units of measurement no longer

authorised for use.

A. Authorised Units of Measurement

It is firstly provided that all S.I.

metric units set out in

Schedule 1 to the Regulations are authorised for use in

Ireland. The Schedule is highly technical (setting out, for

example, metric units used only in such fields as physics

and electronics), but does set out the metric Base Units, in

the terms of which all other units of measurement will be

described. These Base Units are — the Metre (length), the

Kilogram (weight), the Second (time), the Ampere

(electric current), the Kelvin (termperature), the Mole

(amount of substance) and the Candela (luminous

intensity). These units have, of course, been in use on a

voluntary basis for some time.

The Schedule defines the method of calculation of these

Base Units and provides their symbols. Finally, it is

provided that all units of measurement in the metric

system must be determined in accordance with the

Schedule. In other words, the legal basis of the metric

system is now contained in these Regulations.

B. Units of Measurement no longer authorised

The second main purpose of the Regulations is to

provide for the withdrawal from use in Ireland of certain

imperial and other non-metric units of measurement.

List of Unauthorised Units

Schedule 4 of the Regulations lists those units of

measurement no longer authorised for use. With certain

exceptions, the use of these units of measurement is now

illegal. The more common of these outlawed units of

measurement are as follows:—

- Weight: grain, dram, stone, quarter, central,

hundredweight and ton.

- Length: hand, chain, furlong and nautical mile.

- Area: square inch, rood and square mile.

- Volume: cubic inch, cubic foot, cubic yard, bushel

(there is an exception in relation to grain storage)

and cran.

- Pressure: inch of water.

- Force: pound force and ton force.

- Illuminance: foot candle.