30.4.2004 Official Journal of the European Union L 135/1 (Acts whose publication is obligatory) DIRECTIVE 2004/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004 on measuring instruments (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (%), Having regard to the Opinion of the European Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), Whereas: (1) A number of measuring instruments are covered by specific Directives, adopted on the basis of Council Directive 71/316/EEC of 26 July 1971 on the approxi- mation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (*). Specific Directives that are technically outdated should be repealed and replaced by an independent Directive reflecting the spirit of the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (%). (2)  Correct and traceable measuring instruments can be used for a variety of measurement tasks. Those responding to reasons of public interest, public health, safety and order, protection of the environment and the consumer, of levying taxes and duties and of fair trading, which directly and indirectly affect the daily life of citizens in many ways, may require the use of legally controlled measuring instruments. () O] C 62E, 27.2.2001, p. 1, and O] C 126 E, 28.5.2002, p. 368. () O] C 139, 11.5.2001, p. 4. (}) Opinion of the European Parliament of 3 July 2001 (O] C 65E, 14.3.2002, p. 34). Council Common Position of 22 July 2003 (O] C 252, 21.10.2003, p. 1) and Position of the European Parliament of 17 December 2003 (not yet published in the Official Journal). Decision of the Council of 26 February 2004. () OJ L 202, 6.9.1971, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (O] L 122, 16.5.2003, p. 36). () O] C 136, 4.6.1985, p. 1. (3)  Legal metrological control should not lead to barriers to the free movement of measuring instruments. The provisions concerned should be the same in all Member States and proof of conformity accepted throughout the Community. (4)  Legal metrological control requires conformity with specified performance requirements. The performance requirements that the measuring instruments must meet should provide a high level of protection. The conformity assessment should provide a high level of confidence. (5)  Member States should as a general rule prescribe legal metrological control. Where legal metrological control is prescribed, only measuring instruments complying with common performance requirements should be used. (6)  The principle of optionality introduced by this Directive, whereby Member States may exercise their right to decide whether or not to regulate any of the instruments covered by this Directive, should be applicable only to the extent that this will not cause unfair competition. (7)  The responsibilities of the manufacturer for compliance with the requirements of this Directive should be specifically stated. (8) The performance of measuring instruments is particularly sensitive to the environment, particular the electromagnetic environment. Immunity of measuring instruments to electromagnetic interference forms an integral part of this Directive and the immunity requirements of Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compati- bility () should therefore not apply. (99  Community legislation should specify essential requirements that do not impede technical progress, preferably performance requirements. Provisions to remove technical barriers to trade should follow the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards. (®) OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (O] L 220, 30.8.1993, p. 1).