Units of Measure Directive
Encyclopedia
As of 2009, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 had issued two units of measurement  directives: In 1971 it issued Directive 71/354/EEC which required EU member states to standardise on the International System of Units
International System of Units
The International System of Units is the modern form of the metric system and is generally a system of units of measurement devised around seven base units and the convenience of the number ten. The older metric system included several groups of units...

 (SI) rather than use a variety of CGS
Centimetre gram second system of units
The centimetre–gram–second system is a metric system of physical units based on centimetre as the unit of length, gram as a unit of mass, and second as a unit of time...

 and MKS
Mks system of units
The MKS system of units is a physical system of units that expresses any given measurement using fundamental units of the metre, kilogram, and/or second ....

 units then in use. The second, which replaced the first, was Directive 80/181/EEC made in 1979 and amended in 1984, 1989, 2000 and 2009. It issued a number of derogation
Derogation
Derogation is the partial revocation of a law, as opposed to abrogation or the total abolition of a law. The term is used in both civil law and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e...

s to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 based on the former directive.

Directive 71/354/EEC

When the first units of measurement directive was issued, the six members of the EEC
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...

 had been using the metric system
Metric system
The metric system is an international decimalised system of measurement. France was first to adopt a metric system, in 1799, and a metric system is now the official system of measurement, used in almost every country in the world...

 for a hundred years or more. During that time the metric system had undergone a number of changes, particularly in science and engineering. Some industries were based on the cgs variant of the metric system and other on the mks variant. In 1960, the CGPM published the International System of Units
International System of Units
The International System of Units is the modern form of the metric system and is generally a system of units of measurement devised around seven base units and the convenience of the number ten. The older metric system included several groups of units...

 (SI), a coherent version of the metric system based on the mks variant. Directive 71/354/EEC sought to rationalise the system of units within the EEC by standardising on SI.

The directive catalogued the units of measure that were permitted for measuring instrument
Measuring instrument
In the physical sciences, quality assurance, and engineering, measurement is the activity of obtaining and comparing physical quantities of real-world objects and events. Established standard objects and events are used as units, and the process of measurement gives a number relating the item...

s (for instance scales), measurement
Measurement
Measurement is the process or the result of determining the ratio of a physical quantity, such as a length, time, temperature etc., to a unit of measurement, such as the metre, second or degree Celsius...

s and indications of quantity expressed in units for economic, public health, public safety and administrative purposes. The catalogue was consistent with the SI standard. The directive explicitly proscribed a number of mainly cgs units of measure that were not to be used after 31 December 1977.

The directive explicitly exempted member states from having to use those units of measure in the catalogue in situations where other units of measure had been laid down by international intergovernmental conventions or agreements in the field of air and sea transport and rail traffic.

United Kingdom, the Republic of Ireland and Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

 joined the EEC in 1973. The directive had little impact in Denmark which was in a similar situation to the other EEC member vis-à-vis the use of metric units. The United Kingdom and the Republic of Ireland were in the process of metrication programmes and the directive was consistent with those countries policies as they stood at the time. The three new member states had five years to implement this directive (as well as all other directives that had been published by the EEC).

Directive 80/181/EEC

By the late 1970s the metrication programme in the United Kingdom had lost momentum. In particular the Government had decided to postpone the metrication of road signs. Furthermore the metrication of trade in many consumer areas had not been completed. The United Kingdom asked the EEC for a derogation to permit the continued use of imperial units. The result was a repeal of Directive 71/354/EEC and its replacement by Directive 80/181/EEC. The principal changes were:
• A number of units that had been proscribed under Directive 71/354/EEC could continue to be used until the end of 1985.

• A number of imperial units including the pound
Pound (mass)
The pound or pound-mass is a unit of mass used in the Imperial, United States customary and other systems of measurement...

, ounce
Ounce
The ounce is a unit of mass with several definitions, the most commonly used of which are equal to approximately 28 grams. The ounce is used in a number of different systems, including various systems of mass that form part of the imperial and United States customary systems...

, yard
Yard
A yard is a unit of length in several different systems including English units, Imperial units and United States customary units. It is equal to 3 feet or 36 inches...

, foot, inch
Inch
An inch is the name of a unit of length in a number of different systems, including Imperial units, and United States customary units. There are 36 inches in a yard and 12 inches in a foot...

, gallon
Gallon
The gallon is a measure of volume. Historically it has had many different definitions, but there are three definitions in current use: the imperial gallon which is used in the United Kingdom and semi-officially within Canada, the United States liquid gallon and the lesser used United States dry...

 and pint
Pint
The pint is a unit of volume or capacity that was once used across much of Europe with values varying from state to state from less than half a litre to over one litre. Within continental Europe, the pint was replaced with the metric system during the nineteenth century...

 could continue to be used until the end of 1989.

• The mile, yard, foot and inch could be used on road traffic signs, distance and speed measurement, pints could be used for the sale of milk in returnable containers and for the measurement of draught beer and cider, acre
Acre
The acre is a unit of area in a number of different systems, including the imperial and U.S. customary systems. The most commonly used acres today are the international acre and, in the United States, the survey acre. The most common use of the acre is to measure tracts of land.The acre is related...

s could be used for purposes of land registration and troy ounces could be used when dealing with precious metals until a date to be determined by the states in question.

• Supplementary units were permitted until the end of 1989.

Amendments

  • Directive 85/1/EEC of 18 December 1984 was a technical amendment to reflect the change in the definition of the metre and included other minor changes to the catalogue of allowable units.

  • Directive 89/617/EEC of 27 November 1989 changed the cutoff dates for supplementary units to 31 December 1999 and cutoff dates for those imperial units that were previously allowed were extended to 31 December 1994 for some units and to 31 December 1999 for other units.

  • Directive 1999/103/EC of 24 January 2000 included minor changes to the catalogue of allowable units. The cutoff date for the use of supplementary units was extended to 31 December 2009.

  • Directive 2009/3/EC of 11 March 2009: In 2006 it became apparent that the 2009 cut-off for the use of supplementary units could cause problems in US-EU trade. The EU Commission published a consultation document and on the basis of responses received proposed modifications of Directive 80/181/EEC which would continue the current practice by:

• Permitting indefinitely the use of supplementary indications. This will ensure a continued application of the current practice and will allow continuing flexibility as regards nonmetric units when no metric units exist, e.g. binary measurements in computing (bits, bytes).

• Including the new SI unit for catalytic activity (the “katal
Katal
The katal is the SI unit of catalytic activity. It is a derived SI unit for expressing quantity values of catalytic activity of enzymes and other catalysts. Its use is recommended by the General Conference on Weights and Measures and other international organizations. It replaces the non-SI enzyme...

”), adopted by the General Conference on Weights and Measures.

• Allowing the United Kingdom and Ireland to continue the limited exemptions concerning specified uses of the pint, mile and the troy ounce, considering absence of impact of these exemptions on cross border trade and the principle of subsidiarity; whilst repealing the exemption for the use of acre for land registration which is no longer applied.

• Clarifying the scope of the Directive to be fully in line with the existing Treaties by no longer mentioning specific fields to which the Directive is applicable


These amendments were published on 7 May 2009 and became effective on 1 January 2010.

Protests in the United Kingdom

The directive, or more precisely the British legislation amended to implement the directive, was the subject of considerable controversy in the United Kingdom
Metrication in the United Kingdom
Metrication in the United Kingdom is the process of introducing the metric system of measurement in place of imperial units in the United Kingdom....

. In particular, some food sellers refused to comply selling vegetable by the pound
Pound (mass)
The pound or pound-mass is a unit of mass used in the Imperial, United States customary and other systems of measurement...

 without a metric equivalent. Others used only non-metric scales
Weighing scale
A weighing scale is a measuring instrument for determining the weight or mass of an object. A spring scale measures weight by the distance a spring deflects under its load...

 or sold beer or cider by the litre and half litre, even though the law required the use of pints. Some were convicted of offences under weights and measures
Units of measurement
A unit of measurement is a definite magnitude of a physical quantity, defined and adopted by convention and/or by law, that is used as a standard for measurement of the same physical quantity. Any other value of the physical quantity can be expressed as a simple multiple of the unit of...

 legislation and became known as the "Metric Martyrs
Metric Martyrs
The Metric Martyrs are a British advocacy group based in the United Kingdom who campaign for the freedom to choose what units of measurement are presented. The group states that it believes that vendors should have the freedom to mark their goods with any units they choose. This can be solely...

".

Reactions in the United States

In spite of the extension till 2009, the provisions of this directive, in particular the provisions prohibiting dual labelling were a cause of serious concern in the United States. In 2005 there were informal consultations between the USA and the EU. In 2006, the U.S. Department of Commerce made U.S. companies aware of potential problems and lobbied for a further extension of dual labelling, which would be more consistent with United States legislation, in particular the Federal Fair Packaging and Labeling Act
Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act is a US law that applies to labels on many consumer products. It requires the label to state:*The identity of the product;*The name and place of business of the manufacturer, packer, or distributor; and...

.

Consultations in 2007

In the light of the impending termination of the acceptance of non-metric units as supplementary units in 2009 and in view of the extension of the SI system at an international level (especially in the United States), the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 decided in 2007 to consider amendments to the directive and initiated consultations with interested parties, including the United States government.
The United States raised serious concerns concerning mutual trade and incompatibility with US legislation, such as the Fair Packaging and Labeling Act
Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act is a US law that applies to labels on many consumer products. It requires the label to state:*The identity of the product;*The name and place of business of the manufacturer, packer, or distributor; and...

. There was also concern as to how the directive would be interpreted. Other organizations also voiced criticisms. Many organization, such as the AeA
AeA
The AeA was a nationwide non-profit trade association that represented all segments of the technology industry...

 (formerly the American Electronics Association) advocated a continuation of "dual labelling". Eurosceptic
EuroSceptic
EuroSceptic is the second album of British singer Jack Lucien. It was released in October 2009.Due to being an album influenced by Europop, it features songs with parts in different languages...

 groups in the UK, such as the United Kingdom Independence Party
United Kingdom Independence Party
The United Kingdom Independence Party is a eurosceptic and right-wing populist political party in the United Kingdom. Whilst its primary goal is the UK's withdrawal from the European Union, the party has expanded beyond its single-issue image to develop a more comprehensive party platform.UKIP...

 also expressed concern. Other US trade organizations
Industry trade group
A trade association, also known as an industry trade group, business association or sector association, is an organization founded and funded by businesses that operate in a specific industry...

 pointed to incompatibilities with US legislation and noted that the directive applies not just to labelling but also to advertising, instruction manuals, etc. The report on the consultations lists other problems in the United States.

Many different groups and individuals contributed to the consultations on amendments to the directive carried out in 2007. The majority of private individuals who responded were in favour of ending the use of supplementary indications. However, without exception the European and American industry federations and individual firms who responded were in favour of retaining supplementary indications for another ten years or indefinitely. They pointed to conflicting federal law in the United States that would have necessitated relabeling. All member states who responded were also in favour of extending supplementary indications.

Response to the European Commission proposal

The proposal met with measured approval by advocacy groups that had opposed the legislation.
The Commission proposal was also welcomed, even before it was officially published, by metrication advocates in the United States, who hoped that it would help promote the cause of metrication in the United States
Metrication in the United States
Metrication is the process of introducing the International System of Units , a metric system of measurement, to replace the historical or customary units of measurement of a country or region...

.

See also

  • Thoburn v Sunderland City Council
    Thoburn v Sunderland City Council
    Thoburn v Sunderland City Council is an important English constitutional law case. It advances the theory that there exists a hierarchy of Acts of Parliament, whereby those Acts affecting "the legal relationship between citizen and State" or "fundamental constitutional rights" form a special and...

  • Metrication in the United Kingdom
    Metrication in the United Kingdom
    Metrication in the United Kingdom is the process of introducing the metric system of measurement in place of imperial units in the United Kingdom....

  • Metrication in the United States
    Metrication in the United States
    Metrication is the process of introducing the International System of Units , a metric system of measurement, to replace the historical or customary units of measurement of a country or region...


External links

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