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	<title>Metric Views &#187; EU</title>
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	<description>Commentary on the measurement muddle in the UK</description>
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		<title>Will the European Commission challenge US labelling rules?</title>
		<link>http://metricviews.org.uk/2010/01/will-the-european-commission-challenge-us-labelling-rules/</link>
		<comments>http://metricviews.org.uk/2010/01/will-the-european-commission-challenge-us-labelling-rules/#comments</comments>
		<pubDate>Sat, 16 Jan 2010 09:51:42 +0000</pubDate>
		<dc:creator>Robin Paice</dc:creator>
				<category><![CDATA[Consumer affairs]]></category>
		<category><![CDATA[General]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[dual-unit]]></category>
		<category><![CDATA[EU]]></category>
		<category><![CDATA[European Commission]]></category>
		<category><![CDATA[Fair Packaging and Labeling Act]]></category>
		<category><![CDATA[FPLA]]></category>
		<category><![CDATA[metric]]></category>
		<category><![CDATA[NIST]]></category>
		<category><![CDATA[pint]]></category>
		<category><![CDATA[weights and measures]]></category>
		<category><![CDATA[World Trade Organisation]]></category>
		<category><![CDATA[WTO]]></category>

		<guid isPermaLink="false">http://metricviews.org.uk/?p=793</guid>
		<description><![CDATA[A recent posting by NIST (the National Institute of Standards and Technology) has prompted this question: Are American labelling requirements now illegal under WTO rules?
NIST, which is part of the US Department of Commerce, recently issued the following statement on its website:
“The EU Metric Directive [sic] (80/181/EEC), scheduled to go into effect January 1, 2010, [...]]]></description>
			<content:encoded><![CDATA[<p>A recent posting by NIST (the National Institute of Standards and Technology) has prompted this question: Are American labelling requirements now illegal under WTO rules?</p>
<p><span id="more-793"></span>NIST, which is part of the US Department of Commerce, recently issued the following statement on its <a href="http://ts.nist.gov/WeightsAndMeasures/Metric/metric_news.cfm">website</a>:</p>
<p>“The EU Metric Directive <em>[sic]</em> (80/181/EEC), scheduled to go into effect January 1, 2010, has been modified to allow the continuation of both supplemental (U.S. customary, inch-pound) and metric units for consumer goods sold in the EU. The rule was published on May 7, 2009 in the <a href="http://ts.nist.gov/WeightsAndMeasures/Metric/upload/Official-Journal-European-Union-Amend-EU-Metric-Directive-7May2009.pdf">Official Journal of the European Union</a>.</p>
<p>The Directive instructs the European Commission to produce a report to the Parliament and Council regarding the smooth functioning of the internal market and international acceptance of SI units by December 31, 2019, including proposals where appropriate.</p>
<p>Demonstrated progress will be important for U.S. stakeholders to achieve long-term acceptance of supplemental units <em>[sic]</em> in the EU. Modifying the U.S. Fair Package and Labeling Act (FPLA), which currently requires dual labeling, to permit optional metric labeling is an example where greater international marketplace acceptance of SI units can be achieved.”</p>
<p><em>[This report is slightly inaccurate in that the Directive has been in force since 1980, and in any case its proper informal title is the “Units of Measurement Directive”]</em></p>
<p>The statement is so badly written that it is difficult to work out what it means.  In particular, the final paragraph , in so far as the words mean anything, appears to be gobbledegook.  There is no question that supplementary “units” should “achieve long term acceptance” in the EU.  The recent amendment to the Directive was simply a concession to exporters to remove a potential (alleged) business cost and/or barrier to trade – that is, the requirement for separate labelling for the EU and US markets. The only units legal for trade in the EU will continue to be metric (with the minor exception of the pint (imperial &#8211; not US) in limited circumstances in the UK and Ireland), but supplementary “indications” (not units) will be permitted on labels. The inability of NIST to get its head round this simple concept is depressing.</p>
<p>Perhaps I read too much into it, but why did the statement include reference to the review in 2019?  Surely, NIST is not planning to lobby the EU to allow American units as primary units with no metric equivalent stated?  In fact the obvious interpretation is that Directive’s intention is that the Commission should report on whether it will still be necessary to permit supplementary indications.</p>
<p>The statement’s final sentence is also nonsense.  Amending the Fair Packaging and Labeling Act (FPLA) will not achieve “greater international marketplace acceptance of SI units”.  They already <strong><span style="text-decoration: underline;">are</span></strong> accepted internationally – except in the USA!</p>
<p>If NIST feel that their statement has been misinterpreted, then perhaps they can explain what they really did mean.</p>
<p>However, NIST is right to focus on the issue of whether the FPLA should be amended to permit metric-only labelling on goods that are regulated at the federal level. Current federal law requires <span style="text-decoration: underline;">both</span> metric and US customary units on regulated goods, and so far all attempts to introduce into Congress an amendment to permit metric-only labels have been blocked as a result of lobbying by powerful US business interests such as the Food Marketing Institute (FMI). (Illogically, they seem to believe that allowing voluntary metric-only labelling would compel them to change the sizes of their packages).  Further details can be read on the USMA website at <a href="http://lamar.colostate.edu/%7Ehillger/fpla-update.html">http://lamar.colostate.edu/~hillger/fpla-update.html</a></p>
<p>(It should also be explained that some goods that are not regulated at the federal level may be regulated at the level of the State, and most States do in fact permit metric-only labels on these goods).</p>
<p>The question now arises whether the FPLA is a non-tariff barrier to trade.  Such barriers, unless they can be justified on legitimate grounds (e.g. health and safety), are illegal under the rules of the World Trade Organisation (WTO), and this was one of the reasons why the European Commission agreed to support the continuation of supplementary indications on packages within the EU.  Otherwise the USA might have filed a complaint against the EU. However, arguably, the boot now appears to be on the other foot.</p>
<p>European (and other non-US) manufacturers would naturally expect to label their goods in metric units only.  However, if they want to export those goods to the USA, they will need to incur an increased business cost by adding an additional label or alternatively creating completely different packaging for the US market. Of course, they could simply standardise on a uniform dual-unit label and use this in all markets worldwide – but why should they?  Since the EU’s concession to the USA was not reciprocated, its effect is that EU manufacturers who currently export or might in the future export to the USA have effectively lost the option to label their goods in metric units only. The USA has effectively imposed dual-unit labelling world-wide – a form of American imperialism.</p>
<p>Can anything be done to retrieve the situation?  Whether a complaint to the WTO would be upheld probably depends on what view its Appellate Body would take of the argument that EU (and other) manufacturers should be free to label in metric-only and should not be compelled to dual-label simply because a single state (however powerful) refuses to use the same measurement system as the rest of the world.   Arguably, if the USA wishes to engage in international trade, it should be expected to accept the international system of measurement and not impose unnecessary burdens on foreign manufacturers.</p>
<p>In my view the European Commission should be seriously considering such a complaint – or at least it should let it be known (diplomatically of course) that unless there is progress on amending the FPLA, a complaint might be filed.  Without such an implied sanction, it is difficult to see how the US Congress might be persuaded to drop its opposition.</p>
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		<title>Big Bang vs “voluntary gradualism”</title>
		<link>http://metricviews.org.uk/2009/12/big-bang-vs-%e2%80%9cvoluntary-gradualism%e2%80%9d/</link>
		<comments>http://metricviews.org.uk/2009/12/big-bang-vs-%e2%80%9cvoluntary-gradualism%e2%80%9d/#comments</comments>
		<pubDate>Fri, 11 Dec 2009 08:37:43 +0000</pubDate>
		<dc:creator>Robin Paice</dc:creator>
				<category><![CDATA[General]]></category>
		<category><![CDATA[History]]></category>
		<category><![CDATA[EU]]></category>
		<category><![CDATA[metrication]]></category>
		<category><![CDATA[UKMA]]></category>
		<category><![CDATA[weights and measures]]></category>

		<guid isPermaLink="false">http://metricviews.org.uk/?p=543</guid>
		<description><![CDATA[A correspondent asks whether countries that carried out their metrication programme quickly fared better or worse than countries that have tried to do the job gradually and voluntarily.
Our correspondent wrote:
“I wonder if anyone has the time and resources to write an article for Metric Views on [whether] the policy of gradual metrication been a success [...]]]></description>
			<content:encoded><![CDATA[<p>A correspondent asks whether countries that carried out their metrication programme quickly fared better or worse than countries that have tried to do the job gradually and voluntarily.</p>
<p><span id="more-543"></span>Our correspondent wrote:</p>
<p style="padding-left: 30px;"><em>“I wonder if anyone has the time and resources to write an article for Metric Views on [whether] the policy of gradual metrication been a success compared with other country&#8217;s policies of doing it in less than a decade.  Could we put together any objective measures by which you might measure the success of such a policy &#8211; cost, public acceptance, lack of resistance from stakeholders etc.?  Just a thought.”</em></p>
<p>The first thing to be said is that the original intention, when the policy of metrication was announced in 1965, was that the job would be completed in 10 years – that is, by 1975. However, although behind-the-scenes preparations were well advanced by 1970, including a target date for converting road signs in 1973, little had actually been achieved in practical terms by the time of the general election.  Edward Heath unexpectedly won the election, and although famous for taking the UK into the EEC, he did little to encourage metrication.  Indeed he allowed his Transport Minister to postpone indefinitely the conversion of road signs, and the <a href="http://www.ukma.org.uk/Docs/DTI/met1972.pdf">1972 White Paper</a> announced that conversion would in future be voluntary and gradual: “There will be no &#8220;M-day&#8221; for metrication.&#8221; (paragraph 12),   No Government since then has had the commitment or political courage to set a new target date.  Instead they have diverted criticism on to the EU.</p>
<p>This policy of “voluntary gradualism” was reaffirmed by Tony Blair in a letter to Lord Howe in 2004, and even more recently by Lord Drayson (Minister for Science) in a letter to the Chairman of UKMA last December, in which he said:</p>
<p style="padding-left: 30px;"><em>“The Government’s longstanding policy in relation to units of measurement is to move towards full metrication in time, but at a pace that recognizes that a significant proportion of consumers are still more comfortable with using imperial units.  Metric units are used for the majority of transactions regulated by the Weights and Measures Act 1985.  The United Kingdom is already substantially metric &#8230;&#8230; We recognise that a single system of units of measurement as a reference point is vital for fair trade and consumer protection.  However, we also believe it is important that imperial units can continue to be used alongside metric ones whilst they remain more familiar for some consumers.”</em></p>
<p>The sad result of this policy, as we know to our cost, is that the UK has got half way through metrication and got stuck, with little prospect of resolution without decisive intervention by the Government.  So we have the “very British mess” of two systems described on UKMA’s website at <a href="http://www.ukma.org.uk/Campaign/mess.aspx">this link</a>.  I think it can fairly be said that the UK’s approach has failed.</p>
<p>Other countries which commenced conversion in the late 1960s or early 1970s have tried different approaches. Australia and South Africa are examples of countries that largely completed their changeover within the 10 year timetable, whereas the USA has been even slower than the UK – albeit there is considerable unseen progress (e.g. in the American car industry).  Canada has converted its road signs but encountered resistance to the changeover in retailing, putting it further ahead than the UK in some ways but further behind in others (the American influence is of course very strong).  The Irish Republic is an interesting case.  Initially slow like the UK, it succeeded in converting its road signs and speed limits in 2005 and has now largely completed its programme – albeit pints (imperial) linger on in pubs.  One may speculate that one of the reasons why the Irish overtook the Brits is that by leaving the sterling area and later adopting the Euro, and then completing the metric changeover, they were demonstrating their independence from their former colonial masters.</p>
<p>Can any lessons be drawn from all this?  Can we in fact, as our correspondent asked, develop any objective measures?</p>
<p>I think this is actually an impossible task.  As far as costs are concerned, most of the costs were incurred so long ago that, even if they had been identified at the time, there are no surviving records of them.  Ditto the benefits.  What we can say, however, is that the UK has failed to reap the benefits of its investments in new machine tools, retraining programmes, school textbooks etc precisely because a large proportion of the population still uses obsolete units of measurement.  The “voluntary/gradual” approach means you get all the costs but not all the benefits.</p>
<p>The second criterion suggested by our correspondent was public acceptability.</p>
<p>Clearly, the UK has had a problem here – but arguably a problem that is self inflicted.  Whereas in, for example, Australia, the government was careful to explain the reasons and the programme for metrication (see <a href="http://ukma.org.uk/Transport/Internationalexperience.aspx">this link</a> for extracts from the official report), and then implemented the changeover relatively quickly, the UK Government tried to do it by stealth and without explaining the reasons to the general public. They also tried to do the easy bits first (pharmaceuticals, building and construction) while hoping that the difficult bits (esp retailing) would be addressed later long after the current politicians and civil servants had left office.</p>
<p>It is probably also true that Britain has a larger proportion of traditionalists who reject all change, especially if it appears to affect imagined icons of Britishness. Then of course came the incorrect identification of the issue with the EU, and so opposition to metrication became a metaphor for Euroscepticism.  If only the thing had been done quickly, before the anti-European campaign had been cranked up, it could all have been history by the end of the 1970s.</p>
<p>The third suggested criterion, resistance from stakeholders, requires a little examination.  The primary stakeholders (manufacturing and building industries, local authority trading standards officers, major retailers, consumer representatives) have generally supported (or at least acquiesced in) metrication.  The main resistance has come from independent shopkeepers and market traders, supported or exploited by right wing political groups.  In economic terms these are not all that significant, but by dint of political stunts (the so-called “metric martyrs”) they have captured the interest of the media and thereby won some sympathy amongst the general public.  Again it has been the failure of politicians to explain the changeover, take responsibility for their own policy and carry it through in a reasonable timescale that has allowed grievances to fester and grow.</p>
<p>So my response to our correspondent’s question &#8211; whether countries that converted quickly to metric units fared better or worse than countries that have tried to do the job voluntarily and gradually – is that the question really answers itself.  “Voluntary gradualism” merely prolongs the agony and does not work.  Unfortunately, successive UK governments have refused to learn from the experience of more successful countries such as Australia (or even Ireland in respect of road signs) and, despite all warnings, have deliberately followed those policies that are least likely to succeed.</p>
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