29.3.2014 Official Journal of the European Union L 96107 DIRECTIVE 2014/31/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing  instruments () has  been  substantially amended (4. Since further amendments are to be made, that Directive should be recast in the interests of clarity. (2)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (°) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of products and for controls on products from third countries, and lays down the general principles of the CE marking. (3)  Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common () OJ C 181, 21.6.2012, p. 105. (%) Position of the European Parliament of 5 February 2014 (not yet published in the Official Journal) and decision of the Council of 20 February 2014. () OJ L 122, 16.5.2009, p. 6. Directive 2009/23/EC is the codification of Council Directive 90/384/EEC of 20 June 1990 on the harmon- ization of the laws of the Member States relating to non-automatic weighing instruments (O] L 189, 20.7.1990, p. 1). (%) See Annex V, Part A. () OJ L 218, 13.8.2008, p. 30. framework for the marketing of products (°) lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Directive 2009/23/EC should therefore be adapted to that Decision. (4)  This Directive covers non-automatic ~ weighing instruments which are new to the Union market when they are placed on the market; that is to say they are either new non-automatic weighing instruments made by a manufacturer established in the Union or non- automatic weighing instruments, whether new or second-hand, imported from a third country. (5)  Member States should have the responsibility of protecting the public against incorrect results of weighing operations by means of non-automatic weighing instruments when used for certain categories of applications. (6)  This Directive should apply to all forms of supply, including distance selling. (7) Economic operators should be responsible for the compliance of non-automatic weighing instruments with this Directive in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests covered by this Directive, and to guarantee fair competition on the Union market. (8)  All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market non-automatic weighing instruments which are in conformity with this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain. (9)  In order to facilitate communication between economic operators, market surveillance authorities and end-users, Member States should encourage economic operators to include a website address in addition to the postal address. () OJ L 218, 13.8.2008, p. 82.