Understanding Legal Metrology and the Role of OIML

Organisation Internationale de MétrologieLégale International Organization of Legal Metrology The work and structure of the OIML Bogotá, Colombia 29-30 May 2019 Ian Dunmill Assistant Director Bureau International de MétrologieLégale (BIML)

What will I cover? • What is legal metrology? • What is the OIML? • What does the OIML do? • The structure of the OIML • The OIML’s technical work • Cooperation with other international organisations • The International Convention for the Safety of Life at Sea (SOLAS)

Definition of legal metrology “Legal metrology is the practice and the process of applying regulatory structure and enforcement to metrology. It comprises all activities for which legal requirements are prescribed on measurement, units of measurement, measuring instruments and methods of measurement, these activities being performed by or on behalf of governmental authorities, in order to ensure an appropriate level of credibility of measurement results in the national regulatory environment….” (OIML D 1: 2012 “Considerations for a law on metrology”)

Definition of legal metrology “Legal metrology is the practice and the process of applying regulatory structure and enforcementto metrology. It comprises all activities for which legal requirements are prescribed on measurement, units of measurement, measuring instruments and methods of measurement, these activities being performed by or on behalf of governmental authorities, in order to ensure an appropriate level of credibility of measurement results in the national regulatory environment….” (OIML D 1: 2012 “Considerations for a law on metrology”)

What does legal metrology cover?

When does legal metrology affect you? • Every time you buy fruits, vegetables, meat, fish … • Every time you buy products in a box, a can, a jar ... • When you use utilities at home – electricity, gas, water ... • When you fill your car with fuel ... • When you drive – speed, alcohol, emission controls ... • When you visit the doctor or hospital ... • When you go to work – levels of light and noise ... Do you think about these things ... ... or does “somebody look after them” for you?

Legal metrology affects the whole economy Consumer level shops / markets / filling stations / utilitiesAffects everyone’s daily life Industrial level processed / packaged products trade in measuring instrumentsAffects a large number of companies in a given country National level international trade in raw materials / fuelsAffects national economies

Who looks after metrologyat the international level? Scientific/industrial metrology Bureau International de Poids et Mesures Established in 1875 Sèvres, France Legal metrology • Organisation Internationale de MétrologieLégale • Established in 1955 • Paris, France

OIML Membership

OIML Member States • Have acceded to the OIML Convention • Pay subscription based on four population classes: <10 million 10-40 million 40-100 million >100 million • Possibility of reduction of class based on GNI/capita • Can participate in all meetings and technical work • Full voting rights at all levels • Represented by Member of the International Committee of Legal Metrology (CIML Member)

OIML Corresponding Members • Have not acceded to the OIML Convention • Currently pay fixed subscription of 1/10 minimum Member State contribution • Can participate in meetings and technical work as observers • No voting rights at any level

OIML structure International Conference of Legal Metrology (government delegations) International Bureau of Legal Metrology (BIML) International Committee of Legal Metrology (CIML) (government appointed members) President Presidential Council Technical work structures

OIML publications (1 of 3) • International Recommendations (R) • Intended as harmonized model technical regulations which Member States have a moral obligation to consider, and follow as far as possible, when setting up national or regional legal metrology regulations • International Documents (D) • Informative technical publications which are intended to facilitate the implementation or development of Recommendations. They may include technical guidance (e.g. D 11 General requirements for measuring instruments - Environmental conditions) • Vocabularies (V) • Harmonized vocabularies which should be used as far as possible in all other OIML publications

OIML publications (2 of 3) • Guides (G) • Informative publications giving advice on “best practice” • Expert reports • Publications intended to provide information and advice to metrological authorities. Expert Reports are commissioned by the CIML President or by the BIML Director, or proposed by authors. They are written solely from the viewpoint of their author, without the involvement of a Technical Committee or Subcommittee, nor that of the CIML. Thus they do not necessarily represent the views of the OIML • *

OIML publications (3 of 3) • Seminar reports • Contain seminar proceedings and presentations, organized under the auspices of the OIML • Basic publications (B) • Set out the general operating rules of the Organization. Basic publications are not regarded as representing technical work • OIML Bulletin • Quarterly journal of news and developments in legal metrology

Technical work structureTechnical Committees and Subcommittees . . . . TC 1 TC 2 TC 3 TC 4 TC 5 SC 1 SC 2 SC 3 SC 4 SC 5 SC 1 SC 2

Technical work structureResponsibility for publications . . . . TC 1 TC 2 TC 3 TC 4 TC 5 R 34 R 42 D 1 D 3 G 1 D 5 D 8 D 10 D 23 V 1 G 18 D 2 SC 6 SC 1 SC 2 SC 3 SC 4 SC 5 SC 1 SC 2 D 11 D 31 D 13 D 19 D 20 D 27 D 9 D 12 D16 D 18 D 29 D 30 B 3 B 10

Technical work structure . . . . TC 1 TC 2 TC 3 TC 4 TC 5 V 1 G 18 D 2 D 5, D 8, D 10, D 23 R 34, R 42, D1, D3, G1 p 6 – D 23 p 2 – D 5 p 3 – G 18 p 8 – D 8 p 9 – D 10 SC 6 SC 1 SC 2 SC 3 SC 4 SC 5 SC 1 SC 2 D 11 D 31 D 13, D 19 D 20, D 27 D 9, D 12 D16 D 18 D 29, D 30 B 3, B 10 p 2 – new Publication p 2 – new Publication p 1 – new Publication p 5 – new Publication p 1 – new Publication p 7 – new Publication p 1 – new Publication p 3 – D 31 p 12 – D 30

OIML WebsiteAccessing public information on technical work

Composition of groups in technical work • Participating members (P-members) • At least six P- members from at least two different regions • P-Members are obliged to participate in the work of the TC/SC and to vote on all proposals • Only OIML Member States can be P-members • The secretariat of a TC/SC or convenership of a PG is allocated to one of its P-members

Composition of groups in technical work • Observing members (O-members ) • May participate fully in the work of the TC/SC/PG, but do not have the right to vote. O-members may be Member States or Corresponding Members • Liaisons • Organizations which are neither Member States nor Corresponding Members. They may participate fully in the work of the TC/SC/PG, but do not have the right to vote • A BIML contact person

The work of Project Groups Project Group Convener: Country F P-members: A, B, C, D, E, F, G, H O-members: I, J, K, L Develops one publication Part 1 Metrological and technical requirements Part 2 Test procedures (for type approval, verification and inspection) Part 3 Test report format WD WD WD 1CD 2CD

The work of Project Groups CD approved by Project Group CIML preliminary ballot CIML approval Publication Conference sanction Five-yearly review

The International Conventionfor theSafety of Life at Sea (SOLAS)

The International Conventionfor the Safety of Life at Sea (SOLAS) • Original Convention passed in 1914 following Titanic disaster • Rewritten in 1974 – came into force in 1980 • 2015 amendment to addContainer Weight Verification Regulation VI/2

Why was container weighing needed? • Shippers previously declared container weight but there was no obligation to measure it! • Inaccurate declarations – deliberate or accidental • Accurate weights needed to plan safe loading of ships • Over-declared weights are as dangerous as under-declared weights!

Why was container weighing needed?

Container Weight VerificationRegulation VI/2 • Verified gross mass of containers must be obtained before container is loaded onto ship • New Electronic Data Interchange communication protocol VGM (Verified Gross Mass) or VERMAS (Verification of Mass) • Shippers are responsible for obtaining and sending verified gross mass • Came into force 1 July 2016 • Implementation phase until 1 October 2016

Two methods of obtaining weight • Method 1 • Weigh the packed and sealed container • Method 2 • Weigh all the cargo • Weigh the packing and securing materials • Take tare weigh marked on container • Add all these values

Some metrological andlegal problems to consider

Common standards? • Weighing instruments “must meet the applicable accuracy standards and requirements of the State in which the equipment is being used” IMO Guidelines, paragraph 7.1 • Requirements could vary across the world unless a common “accuracy standard” is used

Scope of legislation • Are there any requirements at all in some countries? • Does legislation cover this application? • Legal metrology legislation may cover trade use only • In Europe it does according to • Non-automatic weighing instrument directive • Measuring instrument directive

NAWI directive scope 2009/23/EC Article 1 2. For the purposes of this Directive, the following categories of use of non-automatic weighing instruments shall be distinguished: (a) (i) determination of mass for commercial transactions; … (a) (iii) determination of mass for the application of laws or regulations or for an expert opinion given in court proceedings; ...

MID scope 2004/22/EC Article 2 1. Member States may prescribe the use of measuring instruments mentioned in Article 1 for measuring tasks for reasons of public interest, public health, public safety, public order, protection of the environment, protection of consumers, levying of taxes and duties and fair trading, where they consider it justified.

Specific exemption concern • “Individual, original sealed packages that have the accurate mass of the packages … clearly and permanently marked on their surfaces do not need to be weighed again when they are packed into the container” IMO Guidelines, paragraph 5.1.2.1 • Requirement for verification of this value appears to be missing

Consistency of weight values • “Weights obtained … by Method 1 or by … Method 2 are to be as accurate as the scales or weighing devices used …” • Need to ensure that same overall accuracy requirements apply whichever instrument capacity and technology is used

Units of measurement • “The verified weight should be expressed in kilograms or pounds, depending on which measure is used in that jurisdiction” • Only kilograms are used in the International System of units (SI) • Use of kilogram ensures traceability of measurement • Use of the word “should”?

How can the OIML help with SOLAS? • Reliability of VGM system depends on sound basis for measurements taken • OIML Recommendations are widely used worldwide in legislation • Legal metrology systems are already established worldwide for: • type approval • verification • inspection

Understanding Legal Metrology and the Role of OIML