Explanatory Memorandum to COM(2024)561 -

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dossier COM(2024)561 - .
source COM(2024)561
date 29-11-2024


1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

This proposal is a targeted technical amendment of the Measuring Instruments Directive 2014/32/EU1 (the ‘MID’). The scope and the associated essential requirements covered by the MID were already established by Directive 2004/22/EC2, of which the MID is a recast. Thus, they have remained unchanged for more than 20 years. This means that the MID does not cover new measuring instruments that are necessary to achieve the objectives of the European Green Deal3. This is notably the case for electric vehicle supply equipment and compressed gas (e.g. hydrogen and natural gas) dispensers and thermal energy meters for cooling applications. In addition, as far as electricity and gas meters are concerned, the MID does not address the growing role of digitalisation (smart metering) or the use of new gases (like hydrogen or other renewable gases as alternatives to more traditional gases) supplying households.

As a result, the absence of harmonised requirements for certain categories of measuring instruments is expected to lead to the emergence of diverging national legislations and therefore to a fragmentation of the single market. Such fragmentation leads to higher costs for economic operators and consumers. Additionally, this could also cause delays in the rollout of technologies that are key for the twin, green and digital, transition of the Union economy.

Moreover, some essential requirements of the MID are no longer technology neutral (e.g. display requirements) which prevent the use of modern solutions and their associated benefits in terms of convenience and protection for consumers.

In view of the above, and to avoid further fragmentation of the single market, a targeted technical amendment of the MID is needed.

This proposal provides for a limited update of the scope of the MID (including new essential requirements to cover this increased scope) and a limited update of some essential requirements regarding electricity and gas meters.

Consistency with existing policy provisions in the policy area

The proposal does not affect the applicability of other Union legislation applicable to measuring instruments.

Consistency with other Union policies

This initiative is consistent with and complementary to the existing Union harmonisation legislation, in particular the New Legislative Framework.

The proposal will help accelerate the twin, green and digital, transition in line with the objectives of the European Green Deal and of the New Industrial Strategy for Europe.4

It will also contribute to the successful implementation of the Alternative Fuels Infrastructure Regulation (AFIR),5 which is a prerequisite for the rollout of clean mobility, and of Directive (EU) 2023/1791 on energy efficiency.6

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European Union (TFEU).

Subsidiarity (for non-exclusive competence)

In line with Recital (62) of the MID, the objectives of the MID can be better achieved at Union level.

Diverging regulatory regimes in Member States create discrepancies in the single market. They generate additional costs and administrative burden; and create barriers to the free circulation of measuring instruments.

Harmonising the essential requirements for electric vehicle supply equipment, compressed gas dispensers, thermal energy meters for cooling applications; and smart meters, thus ensuring their free movement, can only be achieved at Union level.

Without Union action, the single market will remain fragmented, leading to diverging requirements for these measuring instruments across the Union through emerging national legislations.

Therefore, the creation of a harmonised regulatory framework for said measuring instruments would avoid the emergence of different regulatory regimes across the Union, improving the functioning of the single market.

Proportionality

The proposal complies with the proportionality principle because it does not go beyond of what is necessary to achieve the objectives of ensuring the proper functioning of the single market while providing harmonised requirements for electric vehicle supply equipment, compressed gas dispensers, thermal energy meters for cooling applications and state-of-the-art requirements for electricity and gas smart meters.

Choice of the instrument

Since the legal act to be amended is a Directive, it is appropriate that the amending act take the same form.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Ex-post evaluations/fitness checks of existing legislation

The Commission is carrying out an evaluation of Directive 2014/31/EU on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments1 (NAWID) and of the MID. Without pre-empting the outcome of that evaluation, the current proposal is a technical amendment of the MID to adapt it to technological progress, since the Directive does not cover new measuring instruments and is no longer technology neutral.

Stakeholder consultations

This proposal was prepared taking into account work from the European Cooperation in Legal Metrology (‘WELMEC’) that gathers the EU and EFTA national authorities responsible for legal metrology.

Member States and other relevant stakeholders were invited to attend a special meeting of the Working Group Measuring Instruments2 on the matter on 11 January 2024. They were requested to contribute to this work by sending comments before and after the meeting. Member States and other relevant stakeholders were also invited to attend another special meeting of the Working Group Measuring Instrument on 12 September 2024. They were requested to contribute to this proposal by sending comments before and after the meeting.

On 20 September 2024, a call for evidence was published on the ‘Have your Say platform’3 where any interested parties were invited to provide feedback until 18 October 2024. In this context, the Commission has received 53 contributions:

- 5 from public authorities,

1.

- 35 from business and business associations, and


- 13 from others.

The contributions received confirmed the issues previously identified by the Commission, notably the necessity for updated essential requirements supporting the roll-out of smart meters, the need for Annex V to the MID to explicitly refer to Direct Current to take into account technological developments, the necessity to harmonise metrological requirements for electric vehicle charging stations at EU level, and the request for the integration of cooling applications to the Annex VI of the MID.

Impact assessment

This proposal is not accompanied by an Impact Assessment, as it is a mere technical and targeted amendment of the MID to adapt it to technological progress.

Article 47 of the MID empowers the Commission to adopt delegated acts. However, this empowerment is limited in scope to punctual amendments of the instrument-specific Annexes. Thus, the MID does not include an appropriate empowerment for the Commission to amend more generally the Annexes and the scope of the MID and to adapt it to technological progress.

Regulatory fitness and simplification

This proposal will help reducing the costs of certification of products for manufacturers, including SMEs, as they will have to comply with only one harmonised EU legislation instead of facing up to 27 diverging national requirements.

Lower production costs will indirectly benefit consumers.

Fundamental rights

The proposal is in accordance with the Charter of Fundamental Rights of the European Union.

4. BUDGETARY IMPLICATIONS

The proposal does not require additional resources from the European Union's budget.

5. OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

The proposal does not change the monitoring, evaluation and reporting arrangements provided for in the MID. As such, the existing mechanisms will be used for the added instruments as well.

Explanatory documents (for directives)

The proposal does not require explanatory documents in relation to its transposition.

Detailed explanation of the specific provisions of the proposal

2.

This proposal includes:


- Technical adjustments to Annex I of the MID on the essential requirements applicable to all instruments covered by the directive. The adjustments to this annex will only affect the measuring instruments subject to this technical amendment;

- Technical adjustments to Annex IV of the MID on gas meters and volume conversion devices to take into account the increased use of new gases and the rollout of smart meters;

- Technical adjustments to Annex V of the MID on active electrical energy meters to take into account technological developments and the rollout of smart meters;

- Addition of a new Annex Va on electric vehicle supply equipment to include harmonised essential requirements;

- Technical adjustments to Annex VI of the MID on thermal energy meters to include thermal energy meters for cooling applications;

- Addition of a new Annex VIIa on compressed gas dispensers with harmonised essential requirements.