Act No. 137 / 2002 Coll.
Act amending Act No. 505 / 1990 Coll., on Metrology, as amended, and some other laws
Valid
Law
Effective from 15.04.2002
Text versions:
15.04.2002
137
THE LAW
of 15 March 2002
amending Act No. 505 / 1990 Coll., on Metrology, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Metrology Act
Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll. and Act No. 13 / 2002 Coll., is amended as follows:
1. Paragraph 5 (6) reads as follows:
"(6) Users of work meters can ensure the continuity of used meters themselves by means of their main etalons or by means of the Czech Metrology Institute or Centre of Calibration Service or by other users of measuring instruments, who have the relevant main etalons linked to the Czech Metrology Institute's ethalons, calibration service centres or to foreign entities with comparable metrological levels."
2. In Article 6 (2), the second and third sentences are replaced by the following: "It shall determine whether the gauge will be able to fulfil the function for which it is intended. This requirement 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. '
3. In Paragraph 8 (3), the word "validity 'is replaced by" property'.
4. Paragraph 8 (4) reads as follows:
"(4) Certified reference materials shall be used for the verification of specified gauges or calibration of major etalones. Where certified reference materials cannot be used for technical reasons, other reference materials may be used. ';
5. Paragraph 9 (2) reads as follows:
"(2) The verified determined gauge shall provide the Czech Metrology Institute or Authorised Metrology Centre with an official mark or issue a certificate of verification or use both of these methods. The graphical form of the official mark and the particulars of the certificate shall be determined by the Ministerial Order. ';
6. In Article 9 (5), the words "working 'and the words" established by the continuity scheme' shall be inserted after the words "calibration '.
7. Article 9a, including the title and footnote 2, reads:
Cash-packed goods bearing the symbol "e 'and bottles used as graduated packaging for pre-packaged goods
(1) For the purposes of this Act, pre-packaged goods marked with the symbol "e" are goods intended for sale and placed in the package without the presence of a consumer whose quantity contained in the package, in particular volume or weight, has a pre-determined value which cannot be changed without opening or apparent breaching the packaging.
(2) Packages and importers of prepackaged goods are entitled to place in circulation (2) goods marked "e" if:
(a) have a system in place to check the accuracy of the quantities, ensuring compliance with the requirements laid down in the Decree, including a documented record of the frequency and results of the measurements, shall notify the Czech Metrology Institute in writing of the placing in circulation of pre-packaged goods marked with the symbol "e" and at the same time transmit to the Czech Metrology Institute documentation containing the production control procedures for the quantity of goods in the package,
(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) Metrological inspection of pre-packaged goods marked "e" to determine whether the conditions laid down in paragraph 2 are met is carried out by the Czech Metrology Institute; where the conditions are met, issue a certificate the formalities of which are laid down by the Ministry by means of a decree, issue a protocol confirming the validity of the certificate at the time of repeated checks. The Czech Metrology Institute is entitled to take the necessary samples for compensation from packers or importers. A refund equal to the selling price shall be granted for samples taken. No refund shall be granted if the packer or importer surrenders it in writing. No entitlement to the refund shall arise if the pre-packaged goods or bottles do not comply with the requirements laid down in the Order.
(4) Manufacturers of bottles used as graduated packaging for prepackaged goods ("bottles') shall be entitled to mark them with the symbol" 3 'if:
(a) have a certificate of metrological control of bottles issued by the Czech Metrology Institute, except in the cases provided for in Section 12 (1); the methods and methods of metrological control shall be laid down by the Ministry by decree;
(b) tolerances in the volume of bottles are respected;
(c) indicates on the bottles the identification mark provided for by the Ministerial Decree.
(5) Metrological inspection of bottles to determine whether the conditions laid down in paragraph 4 are met is carried out by the Czech Metrology Institute.
2) Paragraph 2 (o) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended by Act No. 306 / 2000 Coll. '
8. In Article 12 (1), the words "or the foreign document of metrological control of pre-packaged goods or bottles' shall be inserted after the words" or approval '; the words "or metrological control of pre-packaged goods or bottles, as the case may be' shall be inserted after the words" or documents';
9. Paragraph 12 (2) reads as follows:
"(2) If the previous provisions cannot be applied, the Office may, at the reasoned request of the manufacturer, importer or user of the measuring instrument, grant the metrological actions carried out abroad the same effectiveness as those carried out under this law by recognising the validity of foreign documents and marks. ';
10. In Paragraph 12 (3), the following sentence is added at the end of the paragraph: "The Ministry shall lay down by decree the principle of ensuring the uniformity and correctness of measuring instruments and measurements resulting from international agreements by which the Czech Republic is bound. '.
11. in Article 13 (1), the words "when carrying out the inspection shall be added at the end of point (f)," shall be added to the text of the relevant legislation; 2a). "
footnote 2a is replaced by the following:
"2a) Act No. 552 / 1991 Coll., on State Control, as amended. '
Footnotes (2a) and (2b), including references thereto, shall be renumbered footnotes (2b) and (2c).
12. In Paragraph 14 (1), the words "bottles and 'shall be inserted after the words" pre-packaged goods and'.
13. In the first sentence of Article 16 (1), the words "or certification of reference materials' shall be inserted after the words" competent '; the words "or a certificate of competence issued by the Office' shall be inserted after the words" persona2b '.
14.
Official measurements
The Authority may, in cases of special consideration, authorise the body, at its request, to carry out official measurements in a specified measurement field after verifying the level of its technical and metrological equipment. The conditions of performance are the use of meters for which metrological continuity is ensured, the certificate of competence of the official meter issued by an accredited person2b) or the certificate of competence issued by the Office and supervision by the Czech Metrology Institute. Official measurement means metrological performance, the result of which is issued by an authorised body by a document having the character of an authentic instrument. The Ministry shall determine its formalities by decree. Where an authorised body fails to fulfil the obligations laid down by law or the conditions laid down in the authorisation decision, the Authority shall suspend, amend or revoke the authorisation decision. The requirements of the authorisation application and the conditions for authorisation shall be laid down by the Ministry by decree. ';
15. in Article 23 (1) (d), the words "the gauge" shall be deleted and the words "or the fitting of the gauge" shall be inserted after the words "corrected";
16. in Article 23 (1) (g), the words "used to calibrate the main etalon reference material without certificate or" deleted.
17. in Article 23 (1), the words "or marked the bottles with the symbol" 3 "at the end of point (h) are added in contravention of the obligations set out in Article 9a."
(18) The following Section 24b is inserted after Section 24a, including footnote 5:
The provisions of this Act relating to type-approval and initial verification shall not apply unless specific legislation (5) provides otherwise.
5) For example, Government Regulation No 293 / 2000 Coll., laying down technical requirements for non-automatic weighing instruments. '
19. in § 27, "§ 9a (2) and (3)" is replaced by "§ 9a (2) to (4), § 12 (3)";
Amendment of the Act on the performance of state administration in the field of technical standardisation, metrology and state testing
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. and Act No. 119 / 2000 Coll., is amended as follows:
1. in Paragraph 1 (1), (2) and (3), the word 'economy' shall be replaced by 'industry and trade';
2. In Article 2, the comma after point (b) is replaced by the dot and point (c) is deleted.
3. Article 5, including footnote 9, shall be deleted;
Amendment to Act No. 119 / 2000 Coll.
At the end of the text of 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 laws, and Act No. 20 / 1993 Coll., on the Protection of State Administration in the Field of Technical Standardisation, Metrology and State Testing, as amended by Act No. 22 / 1997 Coll., the following words shall be added: "or on the date on which the relevant sectoral annex to the Protocol to the Europe Agreement establishing an association between the Czech Republic and the European Communities and their Member States, on the assessment of conformity and acceptaction of industrial products will be earlier."
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 137 / 2002 Coll., amending Act No. 505 / 1990 Coll., on Metrology, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 15.04.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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