Decree No. 171 / 1994 Coll.
Decree of the Ministry of Industry and Trade laying down details of dyeing and marking of certain hydrocarbon fuels and lubricants
Valid
Order
Effective from 31.08.1994
Text versions:
31.08.1995
31.08.1994
171
DECLARATION
Ministry of Industry and Trade
of 8 August 1994
laying down details of the colouring and labelling of certain hydrocarbon fuels and lubricants
The Ministry of Industry and Trade pursuant to Section 14 of Act No. 136 / 1994 Coll., on the coloring and marking of certain hydrocarbon fuels and lubricants and on the measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Trade Business (Trade Trade Act), as amended, on the Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the amendment of the Act No. 588 / 1992 Coll., on Value Added Tax, as amended, provides:
Type of colouring agent and marker
The dyeing and marking of certain hydrocarbon fuels and lubricants (hereinafter referred to as "fuels and lubricants') referred to in Article 2 (1) of Act No. 136 / 1994 Coll. (hereinafter referred to as" the Act ') shall be used by a liquid mixture of dye and marker, the trade name of which shall be "Sudan Rotmarker' or a product of the same function for which certification has been issued (1) by the State testing laboratory for the purpose of colouring and marking fuels and lubricants.
Performing and marking
The fuel and lubricants shall be dyed and labelled in such a way as to contain 20 g of mixture of dye and marker material per tonne of fuel and lubricants. The derogation from this value may amount to a maximum of 5 g of a mixture of dye and marker per tonne of fuel and lubricant.
Method of sampling
(1) A sample of fuel or lubricant (hereinafter referred to as "sample") is authorised to be taken by the competent State authority. For the purposes of this decree, the competent authority shall be the State body referred to in Section 7 of the Act. The competent authority shall invite a person with fuel or lubricant or with a machine for which the fuel or lubricant was intended to take the sample at the appropriate time to have or to manipulate, if not possible, any adult on the control of the non-party.
(2) When sampling, the competent authority shall follow the procedure set out in:
(a) in Annex 1 to this Decree, when the sample is taken from a container which is connected to the engine,
(b) Annex 2 to this Decree in other cases.
(3) The competent national authority shall, at all times, carry out immediately prior to the collection of a sample of a sampling facility in the presence of the person referred to in paragraph 1. The flushing shall be carried out in accordance with the procedure set out in Annex 1 or Annex 2 to this Order.
(4) If the competent authority finds, for fuel and lubricant, that it is not permitted to dye and mark [§ 6 (a) and § 2 of the Act], the colouring of the appropriate mixture of dye and marker referred to in § 1, it shall separate from the sample taken pursuant to paragraph 2 the part for the analysis of the authorised state test (2) and the part for the control deposit.
(5) If the competent authority does not detect, when checking fuel and lubricant which is not permitted to dye and mark [§ 6 (a) and § 2 of the Act], the colour of the appropriate mixture of dye and marker referred to in § 1, it shall carry out an inspection by a test kit for field checks which is capable of identifying the presence of the mixture of dye and marker in the sample. The check consists of mixing the fuel sample and the lubricant with the reagent. If, after shaking and deburring, the lower layer shows a colour corresponding to the mixture of the dye and the marker referred to in § 1 or if the lower layer is not removed, the competent authority shall proceed in accordance with paragraph 4.
(6) If the competent authority does not detect, when checking fuel and lubricant, which must be dyed and labelled (Section 2 (1) of the Act), the colour of the corresponding mixture of dye and marker referred to in Section 1, it shall separate from the sample taken pursuant to paragraph 2 the part for the analysis of the authorised state test (2) and the part for the control deposit.
(7) If the competent authority finds, when checking fuel and lubricant, that must be dyed and labelled (Section 2 (1) of the Act), the colour of the appropriate mixture of dye and marker referred to in Section 1, it shall carry out an inspection of the test kit for field checks, capable of identifying the presence of a mixture of dye and marker in the sample. The check consists of mixing the fuel sample and the lubricant with the reagent. If, after shaking and deburring, the lower layer of colour corresponding to the mixture of dye and marker substance referred to in § 1 or if the lower layer is not removed, the competent authority shall separate from the sample taken in accordance with paragraph 2 the part for the analysis of the authorised national test (2) and the part for the control deposit.
(8) The minimum sample volume is 170 cm3. In the case of a procedure referred to in paragraphs 4 to 7, at least 70 cm3 shall be separated for an authorised national service (2) and for a control deposit of at least 70 cm3.
(9) The competent State authority shall ensure that no destruction, confusion, modification or misuse of a sample taken for analysis by an authorised national test (2) and a sample taken for a control deposit is carried out. The sample taken shall be sealed, marked and stored in the sample box. With professional care, they shall ensure that the analysis is not thwarted.
(1) At each sampling, the competent authority shall draw up a report.
(2) The Protocol shall contain:
(a) the serial number of the report registered by the competent State authority;
(b) the designation of the competent authority carrying out the inspection;
(c) the designation of the person referred to in Article 3 (1), invited to take a sample,
(d) the date, time and place of sampling;
(e) the type and designation of the container or container from which the sample was taken, the method of sampling;
(f) the result of the inspection carried out pursuant to Article 3 (4) to (7);
(g) the seal number, the identification of the sample and the quantity thereof;
(h) the names and surnames of the persons involved in the sampling and their signatures;
(i) the name, surname and function of the person carrying out the check and its signature.
(3) The Protocol shall be drawn up in duplicate. The two copies must be signed separately by all interested parties. One copy of the Protocol shall be kept by the competent national authority to be entered in the register of samples taken. The second copy of the Protocol shall be received by the person referred to in Article 3 (1). The model of the Protocol is set out in Annex 3 to this Decree.
(4) If the sample is delivered to an authorised national service, (2) the competent national authority shall draw up a movement certificate requesting an analysis by an authorised national service, (2) which shall contain the identification data relating to the sample taken; However, the accompanying document shall not contain details of the person referred to in § 3 (1) and the place and date of collection.
(1) The competent authority shall ensure that a sample is delivered after its collection by an authorised national test (2) by at least two persons without undue delay.
(2) Authorised State Service (2) confirms the sampling. Where damage to the packaging is apparent at the time of takeover or other inconsistencies are apparent, the authorised state service shall indicate (2) this fact when confirming the takeover. The identified findings shall be confirmed by signing both the person receiving the sample and the person delivering the sample.
(3) In the event that the damage to the packaging or other irregularity is of such a kind that it could lead to a doubt on the credibility of the analysis, the authorised state service (2) shall immediately inform the competent State authority in writing and shall not carry out the analysis of the sample.
(4) The competent authority which took the sample for the control deposit shall store it and store it for a period of three years from the date of collection.
Means of keeping records
(1) Natural persons who are entrepreneurs, (3) and legal persons handling fuels and lubricants, keep records and carry out weekly balance sheets on the types, quantities and qualities of fuels and lubricants produced, processed, imported, stored, taken over and issued, including data on natural persons who are entrepreneurs, (3) and on the legal persons who supply them with fuels and lubricants, as well as on the legal and natural persons to whom they supply fuels and lubricants, with the exception of dispensing to motor vehicles and one-off dispensers up to 200 l.
(2) Natural persons who are entrepreneurs, (3) and legal persons handling fuels and lubricants, keep records of certificates issued and accepted on the quality of fuels and lubricants.
(3) Manufacturers of a mixture of dye and marker shall keep a register and shall carry out weekly balance of the quantity, characteristics and composition of the mixture of dye and marker, of natural persons and of legal persons to whom they supply the mixture of dye and marker substances. Users of a mixture of dye and marker shall keep a record of the quantities, characteristics, composition of the mixture taken over, its use, natural persons and legal persons supplying them with the mixture of dye and marker substances.
(4) The records kept in accordance with paragraphs 1 and 3 shall include the following information on legal and natural persons:
(a) for business3)
1. business name, registered office of legal persons, place of residence and place of business, if different from residence;
2. identification number,
3. subject matter of business;
(b) for natural persons:
1. name and surname,
2nd residence.
Evidence of registration shall be kept for a period and in a manner such as accounts.4)
This decree shall take effect on the day of its publication.
Minister:
Ing. Long CSc. v. r.
Příloha č. 1
Annex No 1 to Decree No. 171 / 1994 Coll.
Sampling of engine-related vessels
1. The competent authority shall use portable sampling (sampling) equipment to sample fuel from the engine-related container.
2. The flush of the sampling facility before sampling (Section 3 (3) of the Decree) shall be carried out by the competent State authority by fuel from the controlled tank into the container designated for this purpose. It will use approximately 100 cm3 fuel to flush.
3. When sampling itself, the competent authority shall follow the accompanying instructions for the operation of the sampling facility.
4. Before and after the use of the sampling device, it is necessary to wipe off those parts which come into contact with the fuel in the tank.
Příloha č. 2
Annex No 2 to Decree No 171 / 1994 Coll.
1. Sampling of tanks
Stable cylindrical and square tanks
When sampling in standing cylindrical or square tanks, a sample shall be taken by means of a one-off sampling device, the average sample being prepared from one-off samples taken from three levels in the tank:
(a) upper - 250 mm below the oil product,
(b) medium - half the height of the column of liquid,
(c) lower - 250 mm from the bottom of the tank.
The ratio for mixing samples from the lower, middle and upper levels is 1: 3: 1.
For standing tanks of a height not exceeding 2000 mm, samples shall be taken only from the upper and lower levels and the average sample shall be prepared by mixing them in a ratio of 1: 1.
Rectangular receptacles
One-off samples from three levels shall be taken from a reclining cylindrical tank with a diameter of more than 2500 mm:
(a) upper - 200 mm below the oil product,
(b) medium - half the height of the column of liquid,
(c) lower - 250 mm above the inside of the tank floor.
The average sample shall be prepared by mixing samples from the lower, median and upper levels at a ratio of 1: 6: 1.
One-off samples shall be taken from a receptacle with a diameter of less than 2500 mm (regardless of the degree of filling) and from a receptacle with a radius of more than 2500 mm filled in half the diameter from two levels: from the centre of the height of the liquid column and from a height of 250 mm above the inner surface of the tank bottom. The average sample shall be prepared by mixing samples from the median and lower levels at a ratio of 3: 1.
Sampling by portable sampling equipment shall be carried out as follows:
(a) the level in the tank shall be measured;
(b) the levels of sampling shall be determined;
(c) the closed sampling device shall be immersed in a pre-determined level height, the seal shall be opened and the sampling device filled with a sample.
2. Sampling of railway tankers and vehicle transporters
A sample shall be taken from the railway tankers and car transporters by means of a sampling device at a height of 1 / 3 of the tank diameter from the lower inner wall. This sample shall be considered as an average sample of the oil product in the tank.
Flushing prior to sampling
The flush of the sampling facility prior to the sampling referred to in points 1 and 2 of this Annex (Section 3 (3) of the Decree) shall be carried out by the competent State authority by fuel from the controlled tank, railway tanker or carrier into the container designated for this purpose.
Příloha č. 3
Annex No 3 to Decree No 171 / 1994 Coll.
1) Article 2 (2) of Act No. 30 / 1968 Coll., on State Testing.
2) Sections 6 to 13 of Act No. 30 / 1968 Coll., as amended by Act No. 479 / 1992 Coll.
3) § 2 (2) of Act No. 513 / 1991 Coll., Commercial Code.
4) § 31 (2) (a), § 31 (3), § 32 (2), § 34 and 35 of Act No. 563 / 1991 Coll., on Accounting.
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Regulation Information
| Citation | Decree of the Ministry of Industry and Trade No. 171 / 1994 Coll., laying down details on the dyeing and labelling of certain petroleum fuels and lubricants |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1994 |
|---|---|
| Effective from | 31.08.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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