Order of the Office for Standardisation and Measurement No. 136 / 1982 Coll.
Decree implementing the State Testing Act
Valid
Effective from 01.04.1983
136
DECLARATION
Standardisation and Measurement Office
of 15 October 1982
implementing the State Testing Act
According to Article 35 (1) of Act No. 30 / 1968 Coll., on State Testing, hereinafter referred to as "the Act ', the Office for Standardisation and Measurement provides:
Procedure in matters of state testing
Notification and registration of products for evaluation
(1) Products subject to compulsory evaluation (Section 14 of the Act) are defined by the Office for Standardisation and Measurement (hereinafter referred to as "the Office"), specifying the relevant state service (1).
(2) The applicant shall register with the competent national service the products subject to the compulsory assessment within 60 days of the date of entry into force of the relevant Office's yield.
(3) Products which are not yet put into circulation after the date of entry into force of the Office's relevant yield, the applicant is required to register with the competent national service no later than 30 days before they are put into circulation.
(4) The evaluating products which have been transferred to another organisation must be registered by the receiving organisation no later than 60 days after the date of receipt of the production.
(5) New products subject to a compulsory assessment shall be notified by the applicant to the competent national authority in good time before their manufacture. Within 15 days of the date of receipt of the notification, the State Service shall inform the applicant of the time needed to evaluate the new product from the date of submission of the sample to the State Service. The applicant shall enter a new product in such a way that the evaluation can be carried out at the pre-production stage, and shall be bound by the communication from the state service of the time needed to evaluate the new product. The registration obligation provided for in paragraph 3 shall be without prejudice to this.
(6) For the purposes of this Decree, a product is considered to be a new product which, by its new solution and improvement of utility characteristics, satisfies more effectively social needs or satisfies social needs which have not yet been met. However, a new product shall not be considered to be a product put into circulation before the date of entry into force of the Office's yield for evaluation. New technical production documentation and new definition of substantial quality and delivery condition.2 must be drawn up for the new product.)
(7) High-quality foreign products intended for the same or similar uses ("comparable products') shall be considered to be products of the world's leading producers of the same or similar utility value, performance and size as the product under assessment, which, by their essential characteristics and technical and economic indicators, correspond to the current knowledge of science and technology and which determine the price level on world markets and indicate the trend of development.
(8) Login of products for evaluation shall be made on a form sent to the applicant by the competent national service at his request. The applicant shall submit, at the same time as the application for assessment, documentation containing, in particular, technical and economic data to the extent specified by the national service.
(9) For example, documents containing technical and economic data on comparable products and on the product under assessment and on the development of its quality or, depending on the nature of the product under assessment, on the applicant's ability to provide samples of comparable products are the means of proving the facts relevant for the classification of the product in the Q grade. Such instruments are, in particular, decisions, certificates, expert opinions (e.g. on industrial design levels), reports and expressions of domestic or foreign authorities and organisations, product documentation and technical literature, if they contain information on the facts relevant for the classification of the product in Q-grade.
(10) Where additional information provided by the applicant indicates that there are no grounds for compulsory evaluation, the State Service shall, after consulting the Office, decide that the product is not subject to evaluation.
Logging of products for approval
(1) The products subject to approval shall be determined by the Office, specifying the relevant national service and aspects (Section 20 (2) of the Act) from which the product will be approved.
(2) The authorities involved with which the designation of products subject to approval must be discussed are the authorities of the State empowered to issue generally binding legislation relating to the characteristics of the products approved in the aspects laid down by law.
(3) Products subject to approval shall be registered by the applicant on a form sent to the applicant by the competent national service at his request. The applicant shall submit, at the same time as the application for approval, documentation to the extent specified by the national service.
(4) In the case of approved products which have been passed on to another organisation, the receiving organisation is obliged to register the product for approval no later than 90 days after taking over the production. Until the completion of the approval procedure, the receiving organisation may continue to supply only if the decision on product approval issued to the transferring organisation has been in force on the date of receipt of the production.
(5) If additional information provided by the applicant indicates that the aspects for approval are not met, the State Service shall, after consulting the Office, decide that the product is not subject to approval.
Samples of products
(1) The sample means the economically and technically necessary quantity of products as determined by the State Service, provided that this quantity does not result from the relevant Czechoslovak State standard.
(2) If the national service itself chooses a sample of the product, it shall do so under the conditions prescribed for sampling, statistical surpluses or in any other normal way. The competent authority shall inform the applicant of the sampling of the product with other organisations within 3 days of the withdrawal. The applicant shall replace or reimburse the products no later than 30 days after the withdrawal, unless otherwise agreed with the organisation.
(3) If this is more economical and does not jeopardise the impartiality and technical complexity of the tests, the national service shall determine that the technical tests of the sample shall be carried out directly with the applicant using his test equipment. In this case, the applicant shall notify the national service within the time limit specified by the applicant that the sample and the test equipment are ready for testing as specified by the national service.
Control
(1) The State Service controls the products evaluated and approved to the extent provided for by the State standardisation plan.
(2) The method and scope of control of specific products shall be determined by the State Service.
(3) The applicant for a product evaluated at the pre-production stage shall notify the national testing body 15 days in advance of the start of production of the new product.
(4) When checking products assessed in accordance with Article 15 (4) of the Act, the facts established by the State Service on one or more products selected from the group concerned are relevant for the results of the control of the whole product group.
Deciding on the results of evaluation, approval and control
(1) The national service shall decide on the evaluation of the product no later than 60 days and on the approval of the product without delay, and no later than 30 days after the date of completion of the technical tests, the results of which are set out in the final report to be sent to the applicant for comments.
(2) If, within the time limit laid down in paragraph 1, it appears necessary for the public service to obtain further supporting documents for the decision, the time limit for the decision shall be extended by the time needed to submit and process the requested documents. The State Service shall communicate the extension to the applicant, stating the reasons.
(3) State testing bodies may also use the results of tests and assessments carried out by foreign test organisations for their assessment or product approval decisions, unless the international agreements by which the Czechoslovak Socialist Republic is bound provide otherwise.
(4) The evaluation decision shall be sent to the applicant and the Office. The decision to classify the product as Q-grade or second grade and the decision to grant authorisation to use the national quality mark shall also be sent to the competent price authority or organisation which determines the price of the product under assessment. Where the product is classified in the second grade, the decision shall also be sent to the financial authority responsible for the applicant's registered office.
(5) Decisions given in the approval procedure shall be forwarded to the applicant and to the Office.
(6) If the State Service decides on the basis of the outcome of the inspection provided for in § 19 or 23 of the Act, the decision shall be given no later than 30 days after the completion of the inspection tests, the results of which are set out in the protocol to be sent to the applicant for observations. Decisions shall be sent to the applicant and to the Office. The decision to transfer the product to a lower grade and the decision to withdraw the authorisation to use the national quality mark shall also be sent to the competent price authority or to the organisation which determines the price of the product under assessment. The decision to transfer the product to the second grade shall also be sent to the financial authority responsible for the applicant's registered office.
(7) The results of the evaluation of products, the approval of products and their changes are recorded and published in a manner specified by the Office.
Procedure for imposing fines
If it is found that a fine is to be imposed pursuant to Article 29 of the Act, the Office shall initiate proceedings by inviting the applicant to submit a statement of supply of the product and to calculate the amount of the fine. In the proceedings, the Office shall provide the other necessary documents for the decision and shall issue the decision. The Office shall also proceed against any other organisation if it is to be affected under the provisions of Section 29 of the Act. A decision to impose a fine shall be sent to the competent financial authority.
National testing authorities' licences
In the performance of state testing, in particular in accordance with the provisions of Section 28 of the Act, authorised personnel of state testing bodies shall be reported with special licences.
Labelling of products evaluated and approved
(1) The right to use a national quality mark or a first grade mark shall be granted by the national service in the decision on the classification of the product in the relevant quality step or by a separate decision made on the application by the applicant, provided that, at the time of the inclusion of the product in the relevant quality step, the conditions for granting the relevant authorisation are demonstrated (Section 16 (4) of the Act).
(2) The decision to approve a product shall specify whether the applicant has an obligation to mark the product with the relevant approval mark.
(3) The approval marks, the national quality mark and the first grade mark are given in the Annex to this Regulation.
(4) The marks shall be legible and durable and shall be made in the same manner as the other prescribed data and placed close to the manufacturer's mark. Exceptionally, they may be carried out by other means which must be approved by the relevant national service.
Amount of remuneration for the performance of state testing
Amount of remuneration for evaluation and approval of products
The amount of remuneration for the evaluation and approval of products invoiced to the applicant shall be determined on the basis of the price list. If the amount of remuneration is not fixed by the price list, it shall be determined on the basis of an individual calculation, which may also be used in the pre-drawn partial performance list or in the pre-drawn rate per test hour.
Amount of remuneration for appeal proceedings
(1) Where the appeal or, where appropriate, the decomposition is refused, the applicant shall pay the Office a reimbursement equal to the costs incurred by the Office in the appeal proceedings and, where appropriate, the decomposition.
(2) Where the appeal or, where appropriate, the decomposition is granted, it shall not be the responsibility of the public service or the Office for appeal proceedings.
Amount of remuneration for the control of products assessed and approved
The amount of remuneration for the control of the products assessed and approved shall be determined in the same way as the amount of remuneration provided for in Article 9 (1). Reimbursements shall be made in a manner specified by the specific regulation.3)
The Order of the Office for Standardisation and Measurement No. 32 / 1968 Coll., implementing the Act on State Testing, is hereby repealed.
This Decree shall take effect on 1 April 1983.
Chairman:
Ing. Hill CSc. v. r.
Annex
Marks referred to in Article 8 (2)
No 1 General approval mark
No 2 Approval mark for electrical products, mothers and aids *)
No 3 Approval mark of resistance in a particular environment with heavy climatic or other conditions
No 4 - Quality mark
No 5 First degree mark
1) Products subject to mandatory evaluation or approval shall be determined by the Office by the proceeds published in the Bulletin of the Office for Standardisation and Measurement.
2) Details of the implementation of the marks are provided by ČSN 01 0810. (Explanatory note 2) to Paragraph 1 (6) is deleted.)
3) Decree of the Federal Ministry of Finance No. 154 / 1975 Coll., on invoicing and payment of supplies of a non-investment nature. Directive of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the SSR on the financing of certain expenditure of budgetary and contribution organisations (Section 23) published in the Financial Rapporteur No 10 / 1972 and registered in the amount of 7 / 1973 Coll.
*) The right to use this mark may be granted only by the State Service which is authorised by the Office.
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Regulation Information
| Citation | Ordinance of the Office for Standardisation and Measurement No. 136 / 1982 Coll., implementing the Law on State Testing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.11.1982 |
|---|---|
| Effective from | 01.04.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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