Report of Meeting with EU Representatives
Brussels, Belgium

March 2, 2005

EU Directive 2010

Purpose of Trip: To obtain information regarding the scope and implementation of the Metric Directive of the European Union, to obtain clarifications of requirements, and to explain the legislative and regulatory structure in the United States regarding package labeling and the use of metric units of measurement.

Overview: These were informal discussions to exchange information, obtain clarifications to questions from industry, and to gain perspective on the level of flexibility regarding the implementation of the Metric Directive. The comments made were individual assessments and reactions reflecting the current thinking of EU authorities and based on the current state of affairs. The comments made are not binding nor should they be taken to represent official EU positions. We were pleased that all three of the EU representatives stayed to participate in the discussions through the entire day. We interpreted this as an indication that the information exchanged and the discussions were interesting and useful.

The meeting began with Mr. Butcher providing an overview of the weights and measures system in the United States and the laws, regulations, the scope of laws and regulations, and the regulatory authority of various federal and state agencies over package labeling requirements. Copies of NIST Handbook 44 (legal metrology requirements for weighing and measuring devices), Handbook 130 (model weights and measures laws and regulations, including packaging and labeling requirements and unit pricing requirements), and Handbook 133 (procedures to check the net contents of prepackaged products) were provided to the EU representatives. Copies of the report of the U.S. Metric Forum on Permissible Metric Only Labeling held in November 2003 were provided. The meeting included a visit to a retail store during which we discussed the basic labeling requirements for retail prepackages. The EU representatives showed great interest in the Handbook 130 Uniform Packaging and Labeling Requirements approach to labeling of consumer products.

Summary: The Metric Directive is intended to require metric units of measurement to be used in all aspects of life in the European Union. The use of a uniform system of measurement units is considered essential for the purposes of public health, safety, and trade. The Directive is not a labeling directive; rather it applies to all expressions of measurement units wherever they are used in the European Union. Specific exemptions have been granted as stated in the directive for the field of air and sea transport and rail traffic, for areas covered by treaties, and for specific specialized areas as delineated in the Directive.

On the Continent, the Member States are fundamentally metric. The "UK and the islands" had to develop a policy to go metric. Considerable progress is being made by Member States and actions to convert to the metric system have been upheld by the courts. For example, the UK has required that scales indicate in kilograms and that products be sold by weight in kilograms or grams. The courts have ruled that the UK has the authority to require these changes. Ireland has recently changed its highway signs for distance to metric units.

There is a permanent exemption for replacement parts for equipment and buildings that are based on inch-pound units, e.g., machine parts, water faucets (and replacement faucet washers), plumbing pipes, and electrical components. However, the date for which "products and equipment already on the market and/or in service on the date on which this Directive is adopted" was stated to be 1980. Based upon the strict interpretation of this statement, equipment that entered the EU after 1980 to the present would not be eligible for the exemption. There is no intent to replace equipment or construct merely to go to metric units of measurement. It is not necessary to change what is already installed. Whatever is currently in place can be maintained.

For new construction after December 31, 2009, all measurement units on drawings and for products to be used in construction are to be expressed in metric units. Hence, the intent appears to be to allow new products into the market as long as measurement units are expressed in metric units. The products do not appear to have to be designed or built to "standard" or "round" metric dimensions.

The EU does not want the Directive to hurt EU businesses economically or competitively. However, they encourage design and manufacturing in metric dimensions. The EU representatives stressed that enforcement would be performed by the Member States. Hence, U.S. businesses are encouraged to consult with their business partners to determine if their business partners plan to change production or purchase specifications as the deadline date for the Directive approaches.

The Metric Directive also applies to sales catalogs, user manuals, instructions, blueprints, advertisements, etc. However, if sales catalogs, user manuals, etc. are clearly intended for the international market (i.e., include the United States as well the EU and other metric countries), then inch-pound units may appear in the English text, but metric only units are expected to be used with the other languages of Europe. If web sites are based in the EU and targeted specifically to the EU, then measurement units must be expressed in metric. If the web sites are clearly intended for the international market (i.e., including the United States), then inch-pound units will be permitted on the web site.

Legislation is in place in the Member States to allow the Metric Directive to take effect when the deadline expires. The current postponement is the transition period. When the Directive becomes effective, it will become effective in all Member States at that time. There will not be a delay in implementation. The Member States will do the enforcement and it will likely vary from Member State to Member State.

The question was asked whether or not the EU would consider adopting the policy planned for the United States, that is, to allow metric only labeling but to permit the option to allow dual unit labeling without a deadline. The response was that they would not consider this policy because they are already metric and this policy would be a step backwards. However, if there is significant progress in the United States to accept metric only labeling, then the possibility of another extension for dual unit labeling could be raised with the EU Commission managers. The length of an extension was not discussed. However, a request for an extension of the deadline would have to come from EU businesses on the basis that they need the extension for dual unit labeling to remain competitive in the U.S. market. Requests from U.S. companies for the extension, absent a request from European businesses, would not receive favorable consideration. Mr. Brekelmans said that he will remain as Head of this Unit for only one more year. He didn't know how his successor or his Commissioner would react to a request for an extension.

The comma is the predominant marker for the decimal point. It was emphasized that the decimal marker is a language issue, not a Directive issue. As a language issue, they expect the comma to be used in the EU in languages other than English. However, if packages used the period as the decimal marker in the quantity statement, it is unlikely that this would be an enforcement issue. When expressing the quantity of contents of packages in the largest metric units (g, kg, mL, L, etc.), there is little need for the decimal marker.

The EU is considering changes to the labeling and net content requirements for prepackaged consumer products. The EU is proposing the average net content requirement for many products, but a minimum net content for others packages such as random weight packages put up at store level. The draft changes would require that the net content statement appear on the principal display panel of the package. Mr. Butcher advised the EU representatives that the United States requires that the net content statement must appear in the lower 30 % of the principal display panel, in contrast with the EU requirement that would allow it to appear anywhere on the principal display panel. The EU is also considering using the word "minimum" with the net content statement on the packages that must meet the minimum quantity requirement. Mr. Butcher informed the EU representatives that the use of the work "minimum" in conjunction with the net content statement is not acceptable for the U.S. market.

Below are brief responses to the questions that were submitted for discussion.