Order of the Office for Standardisation and Measurement No. 32 / 1968 Coll.
Ordinance of the Office for Standardisation and Measurement implementing the State Testing Act
Valid
Effective from 01.04.1968
32
DECLARATION
Standardisation and Measurement Office
of 28 February 1968
implementing the State Testing Act
According to § 35 (1) of Act No. 30 / 1968 Coll., on State Testing (hereinafter referred to as Law), the Office for Standardisation and Measurement provides:
Procedure in matters of state testing
Logging of products for evaluation
(1) Products subject to evaluation shall be established by the Office for Standardisation and Measurement (hereinafter referred to as "the Office") by a yield indicating the national service responsible for their evaluation. The Office shall publish the proceeds in the Bulletin of the Office for Standardisation and Measurement (hereinafter referred to as the Bulletin); If the yield concerns only the products of a single applicant, *) the yield is sent directly to the applicant.
(2) The applicant shall register with the State Service the products subject to the evaluation within 45 days of publication in the Bulletin, or from the date of service, if the yield has been sent directly to the applicant.
(3) Products which are not yet put into circulation at the time of publication or, where appropriate, of delivery of the proceeds, shall be required to be registered by the applicant no later than 30 days before their entry into circulation.
(4) The national service may, where justified, extend these periods for the registration of the product for evaluation by a maximum of 30 days.
(5) The registration of the products for evaluation shall be carried out on a separate form issued by the competent national service. The applicant shall submit the documentation to the extent specified in the form at the same time as the application.
(6) If further information provided by the applicant indicates that there are no grounds for evaluation (Section 14 of the Act), the State Service shall, after consulting the Office, notify the applicant 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 by a decree stating also the aspects from which the product is approved (Section 20 (2) of the Act) and the State Service which is entitled to approve the products. He publishes the proceeds in the Bulletin.
(2) Products subject to approval shall be registered by the applicant on a special form issued by the competent national service. The applicant shall submit the documentation to the extent specified in the form at the same time as the application.
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.
Implementation of control
(1) The State Service shall check the products evaluated and approved to the extent specified by the Office.
(2) The inspection tests of the products shall be carried out by an on-the-spot official of the State Service and, where appropriate, samples of the product shall be taken, sealed and sent to the laboratory (s) for testing; the method of testing shall be determined by the State Service.
Deciding on the results of evaluation, approval and control
(1) The State Service is required to decide on the evaluation of the product within 60 days and on the approval of the product within 30 days of the date of completion of the technical tests concluded by the Final Protocol.
(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 testing organisations for their assessment or product approval decisions.
(4) The evaluation decisions shall be sent together with the final report to the applicant and to the Office. The final report shall be understood as the final report accompanied by an assessment of the characteristics of the product by the evaluation committee and a detailed justification for the decision of the national service. Where the product is classified in the first or third grade, the decision shall be sent to the competent price authority; where the product is classified in the third grade, also to the district national committee responsible for the applicant's registered office.
(5) The decision to approve the product together with the final protocol shall be sent to the applicant; Decisions shall be sent to the Office without a final protocol.
(6) If the State Service decides on the basis of the outcome of the inspection in accordance with the provisions of § 19 or § 23 of the Act, it shall issue the decision no later than 15 days after the completion of the checks concluded by the Protocol. Decisions, including the Protocol, shall be forwarded to the applicant and to the Office. In addition, decisions to transfer the product to a lower grade shall be sent to the competent price authority and to the district national committee responsible for the applicant's registered office.
(7) The results of the evaluations and their amendments are published in a manner specified by the Office.
(8) The list of approved products and changes thereto is published by the Office in the Bulletin or may be authorised by the competent national service to issue a list of products which it has itself approved.
Procedure for order measures
The Office shall invite the applicant to provide a statement of the supply of the product and the calculation of the amount of the fine if the circumstances which may be punishable by a fine in accordance with the provisions of Paragraph 29 of the Act prove to be met. On the basis of the statement and the calculation, or on the basis of further findings, the Office shall impose a fine on the applicant. The Office shall also act in the same way against other organisations if they are to be affected under the provisions of Sections 29 (1) and (4) of the Act.
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 State Service shall determine:
(a) in the decision on the assessment of the product, whether the product classified in the first or second grade may be marked with the mark of the relevant grade;
(b) in the decision approving the product, whether the applicant has an obligation to mark the approved product with the relevant approval mark.
(2) The marks are set out in the Annex. Details of the implementation of the brands are laid down in the Czechoslovak state standard. *)
(3) 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.
Reimbursements for the performance of state testing
Reimbursement for evaluation and approval of products
(1) 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.
(2) In agreement with the Office, price lists, rates and calculation formulas are approved by the central authority to which the state service is organised.
Reimbursement of appeal proceedings for evaluation or approval of products
(1) If the appeal or, where appropriate, the decomposition is rejected, the applicant shall pay the Office a remuneration equal to that invoiced to him for the evaluation or approval of the product. The Authority may, where justified, reduce that amount.
(2) Where an appeal against the transfer of the product to a lower grade or, where appropriate, the withdrawal of the classification into a grade or withdrawal of approval (Sections 19 and 23 of the Act) is rejected, the applicant shall pay a remuneration equal to the costs incurred by the Office in the appeal proceedings.
(3) 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.
Reimbursement of control activities
State services which are economic organisations invoice their control activities to the Office. *) The Office shall pay these invoices up to the total annual amount which it shall determine in advance after consulting the State Service itself. The amount of the remuneration for the control activities of state services shall be determined in the same way as the amount of the remuneration provided for in Paragraph 9 (1).
Final provisions
This decree shall take effect on 1 April 1968.
Chairman:
Cane v. r.
Annex
MARKS REFERRED TO IN ARTICLE 8 (2)
No 1 General approval mark
No 2 Approval mark for electrical products, materials and equipment *)
No 3 Approval mark of resistance (in certain environments with heavy climatic or other conditions *)
No 4 Control mark for electrical equipment of motor vehicles subject to approval according to the rules of the United Nations Economic Commission for Europe * *)
No 5 First stage quality mark, i.e. excellent quality
No 6 Second stage quality mark, i.e. good quality
*) § 26 (1) of Act No. 30 / 1968 Coll., on State Testing.
*) ČSN 01 0810.
*) The control activities of state services which are budgetary organisations are paid out of State budget resources according to the provisions of § 16 of Decree of the Ministry of Finance No. 103 / 1966 Coll., on the financing of non-investment needs for the development of science and technology and similar activities.
*) The right to use this mark may be granted only by the State Service which is authorised by the Office.
* *) The right to use this mark is granted by the State Service authorised to do so by the Secretariat of the United Nations Economic Commission for Europe.
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Regulation Information
| Citation | Decree of the Office for Standardisation and Measurement No. 32 / 1968 Coll., implementing the Act on State Testing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.03.1968 |
|---|---|
| Effective from | 01.04.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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