With the new Measurement and Calibration Act, the previous initial calibration of measuring instruments is no longer required. As a result, the verification authorities no longer have any knowledge of the location of the measuring instruments used. In order to ensure effective market monitoring in the interests of consumer protection, as in the past, the legislator has introduced the obligation to notify the authorities.
Anyone using new or renewed measuring instruments must notify the authority responsible under state law no later than six weeks after commissioning. The following must be indicated
Measuring instruments are all devices or systems with a measuring function, each of which is intended for use in commercial or official transactions or for carrying out measurements in the public interest. If, for example, strawberries are sold by weight or gas by volume, these are measuring instruments within the meaning of MessEG and MessEV. However, certain areas of application are exempt.
The obligation to notify applies exclusively to new or renewed measuring instruments that are put into operation after 01.01.2015. Measuring devices that were already in use before 01.01.2015 do not have to be notified until they are renewed.
If a measuring device that was already put into operation has been changed so significantly that a new conformity assessment must be carried out instead of calibration (the decision is made by the calibration authority), then this measuring device is considered to be renewed. A renewed measuring device is equivalent to a new measuring device and must also be notified (again).
If you use several measuring devices of the same type, you do not have to report each individual measuring device. According to § 32 para. 2 MessEG, the notification can also be made by the fact that the user:
- not later than six weeks after commissioning the first measuring device of a type of measuring device, informs or has informed which types of measuring devices he uses, and
- ensures that overviews of the measuring instruments used with the following information are made available to the competent weights and measures office without delay upon request:
The obligation to notify can be fulfilled electronically (see "Online procedure"). The verification offices confirm receipt of the notification.
If the notification is not made, not made correctly, not made in full or not made on time, this constitutes an administrative offense according to the Measurement Act, which can be punished with a fine.
In principle, all measuring instruments used must be notified as defined by the MessEG and MessEV. The obligation to notify does not apply to material measures such as weights or dispensing measures and not to additional devices.