Act No. 309 / 2000 Coll.
Law on defence standardisation, cataloguing and state verification of the quality of products and services intended to ensure State defence and change trade law
Valid
Law
Effective from 01.04.2001
Zobrazeno prvních 200 z celkem 320 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
309
THE LAW
of 9 August 2000
on defence standardisation, cataloguing and state verification of the quality of products and services intended to ensure State defence and on the amendment of the Trade Act
Parliament has decided on this law of the Czech Republic:
Defensive STANDARDISATION, CATALOGIZATION AND STATE VERIFICATION OF THE QUALITY OF PRODUCTS AND SERVICES INTENDED TO ENSURE STATE PROTECTION
DEFENCE STANDARDISATION, CATALOGIATION AND STATE QUALITY VERIFICATION OFFICE
(1) The Office for Defence Standardisation, Cataloguing and State Quality Verification (hereinafter referred to as the Office) is hereby established as an Administrative Office based in Prague. The Office shall have national competence and be subordinate to the Ministry of Defence (hereinafter referred to as "the Ministry ').
(2) The Office shall be headed by a Director whose selection, appointment and appeal are governed by the Civil Service Act.
(3) The Office shall cooperate in the performance of its tasks under this Law in particular:
(a) with ministries, other administrative offices, counties, and
(b) with the competent authorities of the North Atlantic Treaty Organisation (hereinafter referred to as NATO), similar authorities or authorities of NATO Member States and similar authorities or authorities of other States.
WITHDRAWAL STANDARDISATION
General provisions
(1) Defensive standardisation means the accession of the Czech Republic to NATO standardisation agreements (hereinafter referred to as the "standardization agreement"), the creation of a Czech defence standard (hereinafter referred to as the "standard") and the way it is implemented.
(2) The standardization agreement allows the introduction of the same or similar equipment, ammunition and other material and the same or similar methods of operation in the field of operational, logistical and administrative.
(3) Accession to the Standardisation Agreement shall be made by means of declarations of accession to the Standardisation Agreement accepting its content either in its entirety or subject to any part thereof.
Scope of the Office in defence standardisation
(1) The Director of the Office signs the Declaration of Accession to the Standardisation Agreement for the Czech Republic.
(2) Office
(a) notify the competent authorities of NATO of the accession of the Czech Republic to the standardisation agreement;
(b) register, store and make available standardization agreements and notify the accession of the Czech Republic to the standardization agreement in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing ("Bulletin"); the notification shall include the name, number, brief characteristics of the standardisation agreement and the conditions for its disclosure;
(c) ensure the development, approval, publication and registration of standards.
Standard
(1) The standard sets out requirements for goods and services or procedures in the field of operational, logistical and administrative activities to ensure State defence.
(2) The standard is referred to as COS.
(3) Adoption of the standard is notified by the Office in the Bulletin. The notification shall include the name, number and brief characteristics of the standard and the conditions for its making available.
(4) The standard is issued and distributed by the Office or a legal person established by the Ministry.
(5) If this results from the standardization agreement to which the Czech Republic acceded, the relevant standard must be applied in the contract concluded by it.
Standard creation
(1) Standard is created
(a) by adopting the requirements of the standardisation agreement; or
(b) on the basis of a proposal from the Ministry or another administrative authority (hereinafter referred to as the "applicant").
(2) The proposal for standard-setting is sent by the applicant to the Office. The proposal shall contain the name of the applicant, the subject matter and content of the proposed standard, the justification for the need for its creation, the timetable for its processing and the date of its entry into force.
(3) The Office will decide on the proposal for the development of a standard and send its decision to the appellant.
(1) After the adoption of the proposal for the development of a standard, the Office shall designate the processors of the draft standard. The processor may be the Ministry, the legal person established by it or the appellant.
(2) When processing the standard, the processor must ensure:
(a) making use of the degree of scientific and technical development achieved;
(b) consistency and consistency of standards and their compliance with legislation;
(c) the regime for the protection of classified information pursuant to a special legislature.3)
(3) The Office in the Bulletin announces the processing of the draft standard. This notification shall include the name of the draft standard, its content characteristics, the name of the processor and the deadline for the submission of candidates for the assessment of the draft standard (hereinafter referred to as the "assessor ') to the processor; that period shall be at least 30 days from the date of publication of this notice. The notification shall also include the conditions for making the draft standard available to the assessor.
(1) The draft standard is sent by the processor to the ministries and other administrative bodies whose competence is affected in substance and to the appellants. Ministries, other administrative offices and the appellant shall send their opinions to the processor within 30 days of receipt of the draft standard. Where the Ministry or any other administrative authority does not send an opinion within the time limit set, it shall be deemed to agree to the draft standard.
(2) The processor shall discuss the draft standard with the assessor who, within a specified time limit, has applied to the processor and sent an opinion on the draft standard within 30 days of its disclosure.
(3) If the opinions on the draft standard are agreed, the processor shall send it to the Office for approval and issue.
(4) Where comments are made on the draft standard, they shall be discussed by the processor with the person who applied them. If no comments on the conformity are received, the Office shall decide on a proposal from the processor.
(5) If the draft standard corresponds to the content requirements for its creation, the Director of the Office shall approve the standard; Otherwise, the Office shall return the draft standard to the processor for completion.
The costs of processing the standard shall be borne by the applicant.
CATALOGISATION
General provisions
(1) Catalogue means the acquisition and updating of product cataloguing data, manufacturers and suppliers.
(2) Cataloguing data are the data necessary for the allocation of the product catalogue number, the manufacturer's cataloguing code and the supplier's cataloguing code by the Office.
(3) A single cataloguing system is a set of interlinked standards, methods and means based on the NATO Codification System, which serve to process cataloguing data (hereinafter referred to as the Cataloguing System).
(4) The Agency is a natural or legal person operating under a special legislature (4) in the field of the processing of product cataloguing data on the basis of a certificate of competence to process a product cataloguing data proposal issued by the Authority (hereinafter referred to as the "Eligibility Certificate"). She could be a supplier.
(5) The product characteristics processed by the Agency in accordance with the principles of the cataloguing system, in written or electronic form, consist of a design of product cataloguing data.
(6) The product cataloguing number is a 13-digit numeric code assigned to the product.
(7) The supplier's cataloguing code and the manufacturer's cataloguing code are the five-digit alphanumeric code used to identify them.
Scope of the Office in cataloguing
(1) The Office shall carry out product cataloguing. In this activity
(a) perform the role of the National Codification Office resulting from the principles of the NATO Codification System;
(b) lay down the conditions for use of the cataloguing system, following consultation with ministries, other administrative authorities and regions (hereinafter referred to as "users"), on the basis of their request to use the cataloguing system,
(c) checks the completeness of the product cataloguing data proposal before the product cataloguing number is assigned and before the product is included in the cataloguing system. On the basis of this control,
1. assign the product catalogue number, the manufacturer's cataloguing code and the supplier's cataloguing code and include the product in the cataloguing system if the product cataloguing data proposal is complete;
2. Interrupts the procedure for the classification of a product in the cataloguing system if deficiencies are detected in the product cataloguing data proposal and returns it to the user for removal;
3. It shall reject the proposal if the product is not intended to safeguard the State's defence; no appeal may be brought against that decision.
(2) The condition for applying for product cataloguing is the application of a product cataloguing clause not yet catalogued by the user in the contract with the supplier. The cataloguing clause contains the obligation of the supplier to make the product documentation available to the user.
(3) The Authority will change product cataloguing data on the product on the basis of changes in product documentation submitted by the user.
(4) The Authority will exclude the catalogued product from the cataloguing system if it does not have a user's product.
(1) The Agency shall attach a draft product catalogue data to the application for the issue of a certificate of competence
(a) a certified extract from the commercial register or a certified copy of the business sheet with a specified business subject in the processing of the draft catalogue data;
(b) the methodology for processing the product cataloguing data design for its identification;
(c) proof of access to application software for the processing of product cataloguing data;
(d) the design of product cataloguing data processed on the basis of the Office's test files.
(2) Office
(a) issue a certificate of competence to the Agency for the processing of draft product cataloguing data if the documents referred to in paragraph 1 (b) to (d) are processed in accordance with the cataloguing system; or
(b) decide to suspend the procedure on the ability of the Agency to process the draft product cataloguing data unless the Agency submits one of the documents referred to in paragraph 1 or the documents referred to in paragraph 1 (b) and (d) are processed in accordance with the cataloguing system.
(3) If the Office finds with the Agency that a certificate of competence has been issued that the draft product cataloguing data processed by the Agency does not comply with the cataloguing system, it shall suspend the effectiveness of the certificate of competence or withdraw the certificate of competence. No appeal may be brought against that decision.
(1) In cooperation, the Office provides cataloguing data for catalogued products and an overview of their suppliers and manufacturers to the competent authorities of NATO, similar offices or authorities of NATO Member States and similar offices or authorities of other States using the NATO codification system.
(2) At the request of the user, the Authority requires the competent authorities of NATO, similar authorities or authorities of NATO Member States and similar authorities or authorities of other States which use the NATO codification system to catalogue a product produced in their State.
(3) The Office shall, at its request, provide the user with an overview of the products included in the cataloguing system, an overview of the users, suppliers, manufacturers and agencies to which a certificate of competence has been issued or withdrawn or the effectiveness of that certificate suspended.
Rights and obligations of the user
(1) The user is obliged to submit the draft product cataloguing data to the Office, indicating the agency which processed it.
(2) Upon delivery of the already catalogued product, the user shall inform the Office without delay of any changes made to the product documentation.
(3) The user is obliged to notify the Office without delay that he has stopped using the catalogued product and to submit an overview of the cataloguing numbers of the products used once a year, but no later than 31 January of the following year. Failure to comply with this obligation shall render the user unable to use the cataloguing system.
(4) The user is entitled to use the cataloguing data on the product which he has requested and which has been included by the Office in the cataloguing system.
Rights and obligations of the supplier
(1) The supplier, based on the cataloguing clause applied by the user, is obliged to:
(a) apply the cataloguing clause to subcontractors for the product to be catalogued;
(b) make the product documentation referred to in Article 10 (2) available to the user;
(c) inform users without delay when supplying the product already catalogued of changes made to the product documentation.
(2) The supplier shall inform the Office without delay that the user has applied the cataloguing clause to it.
(3) The supplier is entitled to use cataloguing data about his product, which was included by the Office in the cataloguing system.
Rights and obligations of the Agency
(1) The Agency is authorised, on the basis of a certificate of competence issued by the Office, to process the product catalogue data for the benefit of the user.
(2) The Agency is required to submit to the Authority once a year, but no later than 31 January of the following year, an overview of the processed draft cataloguing data on products, with an indication of users.
The Ministry shall lay down by decree the content of the cataloguing clause, the model forms of applications, notifications and surveys related to cataloguing and the model certificate of competence.
STATE QUALITY VERIFICATION
General provisions
(1) By State quality verification, the Office shall, at the request of the customer, determine whether the supplier fulfils the quality requirements of the contract, namely:
(a) the product or service complies with the requirements laid down in this Treaty;
(b) the supplier provides guarantees on the quality of the product or service provided for in this Treaty;
(c) the supplier is able to meet the additional requirements laid down by the customer in this contract.
(2) Collector means ministries, other administrative offices, counties, competent NATO authorities, similar authorities or authorities of NATO Member States or similar authorities or authorities of other States.
Scope of the Office for State Quality Verification
The Office concludes on behalf of the State to ensure state quality verification
(a) agreements on the recognition and conduct of quality checks by the competent authorities of NATO, similar authorities or authorities of NATO Member States or similar authorities or authorities of other States; or
(b) agreements to carry out state quality checks on specific products or services with customers, unless the Office has concluded an agreement with them in accordance with point (a).
(1) The Office is obliged to carry out a quality verification with the supplier in the Czech Republic in the framework of the national quality verification
(a) professional quality control (hereinafter referred to as "professional supervision");
(b) final inspection of the product or service ("final inspection");
(c) quality audits;
where the contract between the customer and the supplier so provides.
(2) The Office is entitled, at the request of the customer, to request a similar authority or authority of a NATO Member State or an equivalent authority or authority of another State for a national quality verification where the product is manufactured or the service is provided on its territory and is collected by a customer from the Czech Republic.
Implementation of state quality verification
(1) The Office shall carry out a state quality verification at the request of the customer.
(2) The request shall be submitted by the customer in duplicate at least 40 days before the start of the manufacture or provision of the service.
(3) The application for national quality verification shall contain:
(a) the result of the analysis of the risks of the product or service;
(b) a proposal for the required scope of national quality verification;
(c) documentation of the product or service approved by the customer and, where applicable, additional documentation where it is part of a contract with the supplier (hereinafter referred to as the "documentation");
(d) the draft contract with the supplier;
(e) authorisation of the Office to handle supplier's applications for authorisation
1. deviations of the product or service from the documentation;
2. exemptions from the quality requirements of the product or service provided for in the contract;
3. changes on the product or service compared to documentation.
(4) The product or service derogation from the documentation shall cover a limited quantity of products or services or a limited period of time. Authorisation shall be granted prior to the start of production or service. The derogation shall not result in a modification of the documentation.
(5) The exemption from the quality requirements allows the Office to issue a certificate of quality and completeness for goods or services which are not identical to the requirements in the documentation. The exemption shall not result in a change in the documentation.
(6) The authorisation of a change to a product or service shall be drawn on all other manufactured products or services. The amendment is an adjustment of a permanent nature to be recorded in the dossier and approved before the manufacture of the product or service begins.
(1) Upon receipt of a request for a state quality verification, the Office shall discuss and agree with the customer the proposed scope of the state quality verification for the product or service, the conditions for carrying out the state quality verification, the requirements imposed on the supplier, the result of the analysis of the product or service and the supplier's risks and the scope of the authority of the supplier's requests for derogation, exemptions and amendments referred to in Article 20 (3) (e). The agreed requirements, conditions and scope of state quality verification, including individual authorisations, may be amended only with the agreement of the Office.
(2) The risk analysis of the supplier is carried out by the Authority.
(3) The Office shall issue a decision within 30 days of receipt of the request
(a) carrying out a state quality check; or
(b) the suspension of the application procedure where the application for a national quality verification does not contain the particulars referred to in Article 20 (3); or
(c) the failure to carry out a state quality check, stating the reasons.
(4) The condition for the decision referred to in paragraph 3 (a) shall be that the customer submits to the Office a certified copy of the contract with the supplier indicating the scope of the quality verification, the requirements for its security and the conditions for the Office's operation with suppliers and subcontractors related to the quality verification.
(5) No appeal may be brought against a decision not to carry out a state quality verification.
The decision on the performance of the State quality verification shall cease to apply if the customer has changed the requirements, conditions and scope of the State quality verification, including the individual authorisations agreed pursuant to Article 21 (1), without the consent of the Office.
Compensation for carrying out state quality verification
(1) The Office shall carry out a quality verification of the quality of the goods to the customer for financial compensation. The amount of the financial compensation shall be determined in agreement with the customer, but not more than 2% of the price of the goods or services, depending on the extent of the state quality, nature and quantity of the goods or services purchased by the customer. The financial remuneration for carrying out the state quality verification is the income of the state budget.
(2) The Authority will carry out a State quality verification to customers free of charge if the agreement concluded by the Authority pursuant to Paragraph 18 so provides.
Professional supervision
(1) Professional supervision is an activity by the Office to verify that the processes of the supplier resulting in the product or service are carried out in accordance with the customer's requirements laid down in the contract with the supplier and ensure that the required quality of the product or service is achieved.
(2) Professional supervision shall be carried out throughout the contract concluded between the customer and the supplier.
The Office shall, when carrying out its professional supervision:
(a) carrying out an initial check on materials and subcontracting;
(b) whether individual products or services are provided according to documentation and whether all required checks are carried out on the technical parameters of the product during manufacture or service during its provision;
(c) the management of the supplier's processes;
(d) compliance with the metrological rules, in particular the prescribed checking of measuring instruments, instruments and test equipment;
(e) the conduct, evaluation and implementation of internal audits of the supplier;
(f) the activity of the supplier in the handling of products and parts thereof which are not identical to the documentation;
(g) rectification of the deficiencies identified;
(h) the management of the quality system documentation of the supplier;
(i) ensuring that the product or service is identifiable during the production of the product or service;
(j) storage and handling of finished products;
(k) whether the number of defective products does not exceed the contracted number during the production or provision of the service;
(l) other activities of the supplier as required by the customer under the contract.
(1) Where the Office ascertains in the course of professional supervision with the supplier
(a) shortcomings in the quality system which jeopardise the quality of the product or service;
(b) shortcomings in processes that threaten the quality of the product or service;
(c) shortcomings in the product during manufacture or service during its provision;
(d) other shortcomings affecting the quality of the product or service;
interrupt professional supervision and inform suppliers and customers in writing. At the same time, it shall call on the supplier to correct and correct the deficiencies identified.
(2) In the event that the Office breaks professional supervision due to deficiencies
(a) in paragraph 1 (a) and (d), it shall not carry out final checks on goods or services which have been manufactured or provided before and during the interruption of professional supervision, until the supplier has demonstrated to the Office that the goods or services comply with the requirements laid down in the contract;
(b) paragraph 1 (b);
1. shall not carry out a final inspection of products or services on which production activities have been carried out prior to the interruption of professional supervision which are the cause of such interruption, unless the supplier proves to the Office that the products or services comply with the requirements laid down in the contract;
2. it shall not carry out a final inspection of the goods or services on which the production activities which are the cause of the interruption were carried out at the time of the interruption;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 309 / 2000 Coll., on defence standardisation, cataloguing and state verification of the quality of goods and services intended to protect the state and change the trade law |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2000 |
|---|---|
| Effective from | 01.04.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0