Act No. 119 / 2000 Coll.
Act amending Act No. 505 / 1990 Coll., on Metrology, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, and Act No. 20 / 1993 Coll., on the Protection of the Performance of State Administration in the Field of Technical Standardisation, Metrology and State Testing, as amended by Act No. 22 / 1997 Coll.
Valid
Law
Effective from 01.07.2000
Zobrazeno prvních 200 z celkem 274 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
119
THE LAW
of 6 April 2000
amending Act No. 505 / 1990 Coll., on Metrology, Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related laws, and Act No. 20 / 1993 Coll., on the performance of state administration in the field of technical standardisation, metrology and state testing, as amended by Act No. 22 / 1997 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Metrology Act
Act No. 505 / 1990 Coll., on Metrology, is amended as follows:
1.
The purpose of the Act is to regulate the rights and obligations of natural persons who are entrepreneurs and legal persons (hereinafter referred to as "entities") and public authorities, to the extent necessary to ensure the consistency and accuracy of measuring instruments and measurements. ';
2.
(1) The bodies and authorities of the State shall use the basic measuring units referred to in paragraph 2, their labelling, multiples and parts provided for in the Decree, and other units, their labelling, definitions, multiples and parts provided for in the Decree. In international contact, measurement units corresponding to international commercial practices may be used.
(2) The basic units of measurement are:
(a) unit of length - meter (m); the meter is the length of the runway that will pass the light in vacuum over 1 / 299 792 458 seconds;
(b) unit of mass - kilogram (kg); the kilogram is equal to the weight of the international prototype of the kilogram,
(c) time unit - second (s); a second is the duration of 9 192 631 770 periods of radiation corresponding to the transition between two levels of a very fine structure of the base state of the caesium 133 atom,
(d) electric current unit - amperage (A); The amperage is a constant electrical current which, when passing through two parallel, infinitely long conductors of negligible circular cross-section located in a vacuum at a distance of 1 metre, causes a force of 2 x 10-7 newton per metre of wire length,
(e) unit of thermodynamic temperature - kelvin (K); kelvin is 1 / 273,16 part of the thermodynamic temperature of the three water points;
(f) the substance quantity unit - mol (mol); moles is the mass of the system that contains just as many elementary individuals (entities) as the atoms in 0.012 kilograms of carbon isotope 12C. When determining the substance level, the elementary individual (entity) must be specified; may be atoms, molecules, ions, electrons, other particles or a specified particle grouping;
(g) lamp unit - candela (cd); a candela is the luminance of a source which in a given direction emits monochrome radiation with a frequency of 540 x 1012 hertz and whose radiance in that direction is 1 / 683 watt per steradian. ';
3. in Article 3 (1) (d), the words "Czechoslovak and other reference materials" are replaced by the words "certified reference materials and other reference materials."
4. Paragraph 3 (3) reads as follows:
"(3) Determined meters are gauges which the Ministry of Industry and Trade (hereinafter referred to as" the Ministry ') provides by decree for mandatory verification in view of their importance
(a) in contractual relations, such as when selling, hiring or donating a case, when providing services or when determining the amount of compensation or other property damage,
(b) for the determination of penalties, charges, tariffs and taxes;
(c) health protection,
(d) for environmental protection;
(e) occupational safety; or
(f) in the protection of other public interests protected by specific legislation. ";
5. In Article 3 (5), "Reference materials' is replaced by" Certified reference materials and other reference materials'.
6. In Article 3 (6), the word "Office 'is replaced by the words" Office for Technical Standardisation, Metrology and State Testing ("Office') '.
7. Paragraph 4 (1) reads as follows:
"(1) For the purposes of this Act, the State metrological inspection of measuring instruments means the approval of a measuring instrument, the initial and subsequent verification of a specified measuring instrument and the certification of reference materials. ';
8. In Article 4 (2), the words "the organisation managing the gauge 'are replaced by the words" the user of the gauge'.
9. In Article 5 (1), the second sentence is deleted.
10. In the second sentence of Article 5 (1), the words "used in the organisation shall be determined by the organisation itself 'shall be replaced by" determined by the user of the measuring instrument'.
11. in Paragraph 5 (2), the third sentence is replaced by the following: "The State which provides for this activity under this law is responsible for the creation, development and maintenance of state etalons. State etalons are kept by the Czech Metrology Institute or by the competent bodies appointed by the Office for this activity. The Czech Metrology Institute coordinates the construction and development of state etalons and their preservation. State etalons are mainly linked to international etalons maintained under international agreements or to national etalons of other states with an adequate metrological level. '
12. in Article 5 (5):
"(5) The main ethalons form the basis of the connection of measuring instruments with the subjects and are subject to mandatory calibration. Calibration of major etalons is performed by the Czech Metrology Institute or Centre of Calibration Services at the request of the user. The timing of the subsequent calibration of the main etalon shall be determined by the user of this main etalon according to the metrological and technical characteristics, method and frequency of use of the main etalon. When the Czech Metrology Institute is asked to calibrate the main etalon in the measuring fields in which specified measuring instruments are declared, it is required to either carry it out or it can provide this calibration abroad."
13. in Article 5 (6):
"(6) The users of the work meters can ensure the continuity of the used work meters themselves by using the etalons calibrated by the Czech Metrology Institute or by the Centre of the Calibration Service, or by other users of the meters, who have the relevant main ethalons linked to the Czech Metrology Institute, the Centre of the Calibration Service, or with the approval of the Office for Foreign Entities with a comparable metrological level."
14. in Article 5, paragraph 7 is deleted;
15. Paragraph 6 (1) reads:
"(1) The measuring instruments subject to type-approval shall be determined by the Ministry by a decree before production. On request, other newly produced measuring instruments may also be approved. ';
16. in Paragraph 6 (2):
"(2) Approval of the type of meter is carried out by the Czech Metrology Institute. It shall determine whether the gauge will be able to perform the function for which it is intended and whether it cannot endanger safety at work, health or the life of its users or the environment. These requirements shall be deemed to be met if the gauge meets the requirements laid down in the Order or, if the Order does not apply, meets the requirements of Czech technical standards. The type-approval procedure for measuring instruments shall be determined by the Ministry by means of a decree. The minimum number of samples of the gauge required for the type-approval of the gauge provided by the manufacturer free of charge shall be determined by the Czech Metrology Institute. '
17. Paragraph 6 (3) reads:
"(3) On the basis of technical tests and other findings, the Czech Metrology Institute shall issue a certificate that the gauge is approved as a type and shall assign a type approval mark to be placed on the gauge by the manufacturer if the Ministry so provides. The requirements of the certificate of approval of a measuring instrument and the graphic form of the approval mark shall be laid down in the Decree. The validity of the measuring instrument type-approval certificate shall expire 10 years after the date of issue. At the request of the manufacturer or importer, the Czech Metrology Institute may extend this period for a further 10 years; the number of meters that can be produced according to the approved type is not limited. ';
footnote 2 is deleted.
18. In Article 6 (4), the words "the competent metrology authority 'are replaced by the words" the Czech Metrology Institute may communicate'.
19. in the first sentence of Article 6 (5), the words "certificate o" shall be inserted after the words "Validity."
20. In the second sentence of Paragraph 6 (5), the words "to the relevant metrology body" are replaced by the words "to the Czech Metrology Institute."
21. In the third sentence of Paragraph 6 (5), the words "Metrological body" are replaced by the words "Czech Metrology Institute."
22. in the fourth sentence of Paragraph 6 (5), the words "Metrological body" are replaced by the words "Czech Metrology Institute";
23. in the fourth sentence of Article 6 (5), the words "the validity of the certificate" shall be inserted after the words "may";
24. In Article 6, the following paragraph 6 is inserted after paragraph 5:
"(6) The Czech Metrology Institute shall revoke the type-approval certificate if the gauge corresponding to the type approved shows a general defect in service which makes the gauge inappropriate for the intended use."
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
25. in Paragraph 6 (8), the words "Metrological body" are replaced by the words "Czech Metrology Institute";
26. In Article 6, the following paragraph 9 is added:
"(9) The Czech Metrology Institute may provide for restrictions in the type-approval certificate to the extent laid down by the Ministerial Decree."
27. in the first sentence of Paragraph 7 (2), the word "Office" shall be replaced by "Czech Metrology Institute."
28. In the second sentence of Article 7 (2), the words "metrology body 'are replaced by the words" Czech Metrology Institute'.
29. In Article 7, the following paragraph 3 is added:
"(3) Measurements originating in the States of the European Communities shall be regarded as measuring instruments the type of which has been approved under this Act, provided that they bear the marks in force in the European Communities as laid down in the Ministerial Decree."
30.
Certification of reference materials
(1) Certified reference materials are materials whose composition or properties have been certified by the Czech Metrology Institute or by an authorised metrology centre.
(2) By certification of reference material, the value of one or more properties of the material or substance is confirmed by a process ensuring continuity to the correct implementation of the unit, expressing the value of the property specified in the certificate. The requirements of the certificate shall be laid down by the Ministry by decree.
(3) The certification of the reference material shall be issued with a certificate indicating one or more values of the characteristics and their uncertainties and confirming that the procedures for validating and following them have been followed.
(4) Only certified reference materials may be used for the verification of specified measuring instruments or for calibration of major etalones.
(5) The Ministry provides by decree for a more detailed procedure for the preparation and certification of reference material.
(6) Manufacturers or importers who put into circulation certified reference materials and other reference materials shall be required to indicate their metrological characteristics in the documentation. ';
31. in Paragraph 9 (1):
"(1) The verification of the specified gauge shall confirm that the specified gauge has the required metrological characteristics. The procedure for verifying specified meters shall be laid down by the Ministry by decree. ';
32. in Paragraph 9 (2):
"(2) The Czech Metrology Institute or Authorised Metrology Centre shall issue a certificate of verification or shall affix an official mark to the measuring instrument for verification. The requirements of the certificate and the graphic form of the official mark shall be laid down by the Ministry by decree. ';
33. In Article 9, the following paragraph 3 is inserted after paragraph 2:
"(3) Meters originating in the States of the European Communities shall be considered as measuring instruments certified under this Law, provided that they bear the marks in force in the European Communities, as laid down in the Ministerial Order, until the end of the year following the date on which the initial verification mark is affixed, unless otherwise provided for in specific legislation."
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
34. in Paragraph 9 (5):
"(5) When calibration of the gauge, its metrological characteristics are generally compared with the etalon; If etalone is not available, certified or other reference material may be used provided that the principles set out in the continuity scheme are complied with. ';
35. after Paragraph 9, the following Paragraph 9a is inserted:
Cash-packed goods marked with "e"
(1) For the purposes of this Act, pre-packaged goods bearing the symbol "e" ("pre-packaged goods") are goods intended for sale and placed in the packaging without the presence of the consumer, the quantity contained in the package, in particular the volume or weight, having a predetermined value which cannot be changed without opening or apparent breaching the packaging.
(2) Packages or importers of pre-packaged finished goods are entitled to mark them with the symbol "e" if:
(a) have a certificate of metrological control of pre-packaged goods issued by the Czech Metrology Institute; (2) the methods and methods of metrological control and the formalities of the certificate shall be laid down by the Ministry by decree;
(b) the value of the nominal content and a number of nominal quantities of the contents of the pre-packaged goods shall be respected in the cases provided for in the Order;
(c) the tolerances for the contents of the pre-packaged goods laid down in the Order are complied with;
(d) the particulars provided for in the Order appear on the packages of cash packaged.
(3) The Czech Metrology Institute is entitled to take the necessary samples of pre-packaged goods for inspection in return for compensation from packagings or importers to verify that the conditions under which the metrological control certificate for prepackaged goods has been issued are met. A refund shall be granted for the samples taken at the price at which the pre-packaged goods are offered at the time of sampling. No refund shall be granted if the packer or importer surrenders to him. The right to reimbursement shall not arise if the pre-packaged goods do not meet the values laid down in the Order.
(4) Under reciprocal conditions, the Czech Metrology Institute can recognise the results of the metrological control of prepackaged goods or the designation by the symbol "e" carried out abroad only on condition that it was carried out in accordance with the requirements in force in the Czech Republic.
2) Act No. 20 / 1993 Coll., on the performance of state administration in the field of technical standardisation, metrology and state testing, as amended by Act No. 22 / 1997 Coll. '.
36. In Article 10 (1), the second sentence is replaced by the following: "The manufacturer of the certified reference material shall be required to submit the reference material for certification before it is put into circulation. '.
37. in Article 10 (1), the third sentence is deleted;
38. in Paragraph 10 (2):
"(2) Initial verification of imported fixed meters, initial calibration of imported etalones and work meters and certification of imported reference materials, identified as certified reference materials, shall be provided by their user, unless already provided by an importer or a foreign manufacturer. ';
39. in Paragraph 11 (2), the words "Metrological body" are replaced by the words "Czech Metrology Institute";
40. Paragraph 11 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
41. in Article 11 (4), the words "organisation or individual" shall be replaced by "persons."
42. In Article 11 (5), the words "working ethon and 'are deleted.
43. In the first sentence of Article 12 (1), the words "in the form of a document or a foreign mark 'shall be inserted after the words" in the form of a document', the words "measuring instrument or its type 'shall be replaced by the words" measuring instrument, its type or reference material' and the words "recognised as' shall be inserted after the words" proof of '.
44. The heading of Part Five reads:
"TASKS OF STATE GOVERNANCE AUTHORITIES AND BODIES '.
45. In Section 13, the words "Federal Office for Standardisation and Measurement 'are replaced by the words" Office for Technical Standardisation, Metrology and State Testing'.
46. Paragraph 13 (1) is deleted and paragraph 2 is deleted.
47. in Paragraph 13 (c):
"(c) authorises bodies to perform in the field of state metrological control of measuring instruments and official measurement, entrusts authorised bodies to retain state etalons, entrusts centres to calibration services and controls compliance with the obligations laid down for all such bodies; in order to identify deficiencies in the performance of the obligations laid down, it may withdraw the authorisation; ';
48. in Paragraph 13 (d):
"(d) agree to the establishment of major etalons for foreign entities with a comparable metrological level;"
49. in Article 13 (e), the words "metrological bodies" are replaced by the words "Czech Metrology Institute";
50. in Paragraph 13 (f):
"(f) checks compliance with the obligations laid down by this law; ';
51. in Paragraph 13 (g):
"(g) provide metrological expertise, issue certificates of competence for metrological staff and lay down the conditions for ensuring a uniform procedure for bodies responsible for the conservation of state etalones, authorised metrological centres, calibration services centres and bodies responsible for the performance of official measurements;"
52nd Paragraph 13 (h) reads:
"(h) publish in the Bulletin of the Office for Technical Standardisation, Metrology and National Testing in particular bodies responsible for the conservation of state etalons, authorised metrological centres, bodies authorised for official measurements, centres of calibration service, state etalons, lists of certified reference materials and approved types of measuring instruments;"
53. In Article 13, the following paragraph 2 is added:
"(2) The Office shall communicate to the authorities of the European Communities or to the competent authorities of the States with which international agreements are concluded, to the extent resulting therefrom, information on the bodies responsible for type-approval and verification of measuring instruments. ';
The current text becomes paragraph 1.
54.
Czech Metrology Institute
(1) The Czech Metrology Institute carries out metrological research and conservation of state etalons, including the transfer of measurement unit values to meters of lower accuracy, the certification of reference materials, the performance of state metrological control of measuring instruments, the registration of bodies producing or repairing specified measuring instruments, or the installation of such meters, the performance of state metrological supervision at authorised metrology centres, calibration services centres, bodies authorised to perform official measurements, bodies producing or repairing specified measuring instruments, where appropriate the installation of measuring instruments, the users of measuring instruments, the metrological control of pre-packaged goods and the professional services in the field of metrology.
(2) The Czech Metrology Institute may:
(a) permit preliminary production before approval of the type of measuring instrument;
(b) authorise the short-term use of the specified measuring instrument between the end of the repair and the verification with the restriction of that period.
(3) The Czech Metrology Institute notifies the authorities of the European Communities or the competent authorities of the States with which international agreements are concluded, to the extent resulting from these agreements, information on the issue, modification, revocation or restriction of certificates relating to the approval of measuring instruments. "
55. Article 15 shall be deleted;
56. In Section 16, the word "State 'is replaced by" Authorised'.
57. Paragraph 16 (1), including footnote 2a, reads:
"(1) Authorised metrology centres are bodies authorised by the Office, upon request, to verify specified meters after examination of the level of their metrological and technical equipment by the Czech Metrology Institute and after examination of the qualification of staff, which is supported by a certificate of competence issued by an accredited person. (2a) For the purposes of authorisation, the findings of accreditation may be used. The requirements of the authorisation application and the conditions for authorisation shall be laid down by the Ministry by decree. There is no legal claim for authorisation. Where an authorised body fails to comply with the obligations laid down by law or the conditions laid down in the authorisation decision, or if it so requests, the Authority shall suspend, amend or revoke the authorisation decision.
2a) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended by Act No. 71 / 2000 Coll. '.
58. Paragraph 16 (2) and (5) are deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
59. In the first sentence of Article 16 (2), the word "State 'is replaced by" Authorised' and the words "or type-approval of measuring instruments' are deleted.
60. In the second sentence of Article 16 (2), "State 'is replaced by" Authorised' and "State 'is replaced by" Authorised'.
61. in Article 16 (3), the word "organisation" shall be replaced by "entities" and the word "state" shall be replaced by "authorised."
62. In Section 17, the words "workers of metrology bodies' are replaced by the words" employees of the Czech Metrology Institute '.
63. In the first sentence of Paragraph 17, the words "workers of metrology bodies' are replaced by the words" staff of the Czech Metrology Institute 'and the words "organisation' by the words" controlled bodies'; in the second sentence, the words "specific regulations' are replaced by the words" specific legislation '.
64. In the third sentence of Section 17, the words "Workers of the Metrology Authorities' are replaced by the words" Staff of the Czech Metrology Institute '.
65. In Section 17, fourth sentence, the word "Organisation 'is replaced by" Controlled entities'.
66. In Section 18, the word "organisation 'is replaced by" bodies'.
67. In Paragraph 18, the word "Organisation 'is replaced by" Entities'.
68. in Paragraph 18 (a), the words "and major etalons" shall be deleted;
69.In Paragraph 18 (b), the word 'workers' is replaced by 'employees'.
70. Paragraph 19, including the title, reads:
Registration of entities
Entities that manufacture or repair the specified measuring instruments, or carry out their installation, shall be required to submit a registration to the Czech Metrology Institute. If the applicant has the necessary preconditions for the proper performance of his activity, further detailed by the Order, the Czech Metrology Institute shall register and issue a certificate thereof. The requirements of the registration application and the registration certificate shall be laid down by the Ministry by decree. The Czech Metrology Institute shall cancel registration if the reasons for which it was carried out have ceased to exist. The subject is obliged to report to the Czech Metrology Institute a permanent cessation of registered activity. "
71. Paragraph 20, including the title and footnote 2b) reads as follows:
Calibration services centres
The Authority may entrust the body, at its request, as a calibration service centre to calibrate measuring instruments for other bodies and assign a calibration mark to it. The graphical form of the calibration mark shall be determined by the Ministry by decree. This mandate shall be granted by the Office if the applicant demonstrates his competence to carry out calibration of measuring instruments by a certificate issued under a specific legislation. 2b)
2b) § 14 of Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. '
72. In the first sentence of Paragraph 21, the word "organisation of its' is replaced by" entity of its'.
73. In the second sentence of Paragraph 21, the words "supported by a certificate of competence issued by an accredited person2a 'are inserted after the word" meters' and the words "competent metrological body 'are replaced by the words" Czech Metrological Institute'.
74. In the third sentence of Paragraph 21, the words "authorised organisation 'are replaced by the words" authorised entity'.
75. In Section 21, the following sentence is added: "The formalities for the application for authorisation and the conditions for authorisation are laid down in the Ministry's decree."
76. In Section 23, "organisations' is replaced by" entities'.
77. In Paragraph 23 (1), the amount "200 000 CZK" is replaced by "1 000 000 CZK" and the words "organization which" are replaced by "entity which."
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 119 / 2000 Coll., amending Act No. 505 / 1990 Coll., on Metrology, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, and Act No. 20 / 1993 Coll., on the Protection of the Performance of State Administration in the Field of Technical Standardisation, Metrology and State Testing, as amended by Act No. 22 / 1997 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0