Decree of the Federal Office for Standardisation and Measurement, Office for Technical Standardisation, Metrology and State Testing No. 585 / 1992 Coll.
Decree of the Federal Office for Standardisation and Measurement, implementing Act No. 30 / 1968 Coll., on State Testing, as amended
Valid
Effective from 15.12.1992
585
DECLARATION
Office for Technical Standardisation, Metrology and State Testing
of 27 November 1992
implementing Act No. 30 / 1968 Coll., on State Testing, as amended
The Office for Technical Standardisation, Metrology and State Testing provides, pursuant to § 35 (1) of Act No. 30 / 1968 Coll., on State Testing, as amended by Act No. 54 / 1987 Coll., Act No. 194 / 1988 Coll. and Act No. 479 / 1992 Coll. ("the Act '):
Evaluation of products
(Articles 14 and 16 of the Act)
(1) Login of products for evaluation shall be made on a form sent to the applicant by the competent national service at his request. 1) 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.
(2) 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.
(3) The facts relevant for the classification of the product in the Q-grade may be demonstrated, for example, by the documents containing technical and economic data on comparable products and the product evaluated and on the development of its quality, or by the nature of the product evaluated and the applicant's ability to also sample comparable products. Such instruments are, in particular, decisions, certificates, expert opinions (for example, industrial design level), reports and statements of domestic or foreign authorities and institutions, product documentation and professional literature, if they contain information on the facts relevant for Q-grade classification.
Approval of products
(Articles 20 and 22 of the Act)
(1) Products subject to approval shall be determined by the Technical Standardisation, Metrology and State Testing Office (hereinafter referred to as "the Office"), specifying the relevant state services 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 legislation relating to the characteristics of the products approved from the aspects laid down by law.
(3) Products subject to approval shall be registered by the applicant on a form sent to him 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) If the information provided by the applicant indicates that no grounds for approval are given for the product applied for (Paragraph 20 (2) of the Act), the State Service shall, after consulting the Office, decide that the product is not subject to approval.
(5) The fact that the manufacturer offers a guarantee that he will continue to comply with the characteristics of the product relevant for its approval (Section 22 (1) of the Act) is demonstrated by the importer for the imported products (e.g. by taking over or participating in the public service in the manufacturer's examination). Where an importer provides for an adjustment conditional on the approval of a product within the country, guarantees of continued compliance with the characteristics of the product relevant for its approval shall be established for the person making those adjustments.
(6) The imported product is considered to be identical to the approved product type (Section 22 (3) and (6) of the Act), the product of the same manufacturer, the type designation and the condition in which the product has been approved, corresponding to any modifications or requirements of the authorities involved, which have ensured that the conditions of approval have been complied with without distinguishing the type designation.
(7) The notification of imports of products under the provisions of Section 22 (5) of the Act shall be made by each importer in writing before the products are put into circulation, otherwise these products shall be deemed not to have been approved. The notification shall include the product identification, the data concerning the importer and a reference to recognised marks or findings, published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing.
(8) If the importer brings into circulation a product which has been declared in accordance with the provisions of Section 22 (6), second sentence, of the Second Act and this product is not identical to the approved product type, the product is put into circulation unjustly (Section 29 (2) of the Act).
(9) For approved products which have been passed on to another manufacturer, the accepting manufacturer shall register the product for approval no later than 30 days after taking over the production. The importer has this obligation for imported products. Until the end of the approval procedure, the applicant-in-command may continue to supply only if the decision to approve the product transmitted has been in force on the date of receipt of the production and if he complies with the conditions under which the product was approved.
Samples of products
(Articles 15, 22 and 26 of the Act)
(1) A sample of a product means the economically and technically necessary quantity of products determined by the State Service, unless that quantity results from the relevant technical 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 national authority shall notify the applicant of the sampling of the product of other legal persons or natural persons authorised to do business within 3 days of the withdrawal. The applicant shall replace or pay the products no later than 30 days after their removal, unless he or she agrees otherwise with the person concerned.
(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 product sample will be carried out by 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 of the product and the test equipment are ready for testing as determined by the national service.
Control
(Articles 19 and 23 of the Act)
(1) State services shall check the products assessed and approved to the extent specified by the Office. The method and extent of the control of specific products shall be determined by the competent national service.
(2) Products put into circulation in accordance with the provisions of Section 22 (5) of the Act are controlled by the state services in accordance with the relevant provisions of the international treaty, which the Czech and Slovak Federal Republic is bound by, in other cases, by the rules laid down by the Office when recognising the mark or the finding.
Deciding on the results of evaluation, approval and control
(Articles 16, 19, 22 and 23 of the Act)
(1) The results of the technical and control tests and the findings of the evaluation, approval and inspection shall be concluded by the Final Protocol or the Control Protocol. The verification of the conformity of the imported product with the approved product type pursuant to Article 22 (3) of the Act is concluded by the Protocol on the verification of conformity.
(2) The State 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. If, during the period of approval of the imported product, a national service finds its conformity with the approved product type, it shall without further procedure issue a decision approving the product. If the State Service decides on the basis of the outcome of the inspection pursuant to the provisions of § 19 or 23 of the Act, it shall issue the decision no later than 30 days after the completion of the checks.
(3) If, within the time limit laid down in paragraph 2, it appears necessary for the public service to obtain further evidence for the decision, the time limit for the decision shall be extended by the time needed to submit and process the requested documents, but not more than 60 days. The State Service shall communicate the extension to the applicant, stating the reasons.
(4) State testing bodies may also use the results of tests and assessments from abroad for their assessment or product approval decisions, unless otherwise provided for in the International Treaty, which is bound by the Czech and Slovak Federal Republic.
(5) Decisions concerning the evaluation and approval of products are also sent by the State Service to the Office.
(6) The results of the evaluation of products, the approval of products and their amendments are recorded and published in a manner determined by the Office.
Labelling of products evaluated and approved
(Articles 16 and 22 of the Act)
(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 quality mark and the first grade mark are given in the Annex to this Regulation. (3)
(4) The marks must be legible and must be made in such a way that they cannot be confused with the other prescribed data. If the technical solution of the product so permits, it shall be placed close to the manufacturer's mark. Exceptionally, they may be carried out by other means which must be approved in advance by the competent national service.
National testing authorities' licences
(to Article 28 of the Act)
In the performance of public testing, the authorised personnel of the public service body shall be provided with the special licences issued to them by the Office.
Procedure for imposing fines
(k § 29 of the Act)
If the Office finds that a fine is to be imposed under Article 29 of the Act, it shall initiate the procedure by inviting the person to whom the fine is to be imposed to submit a statement of the product's supply and calculation of the amount of the fine. In the proceedings, the Office shall provide the other necessary documents for the decision and shall issue the decision. A decision to impose a fine shall be sent to the competent financial authority.
Amount of remuneration for performance of state testing
(to Article 30 of the Law)
(1) The amount of remuneration for the evaluation and approval of the products and for the control of the products assessed and approved shall be determined in accordance with the applicable price regulations.
(2) The applicant whose appeal or degradation has been rejected is obliged to reimburse the Office for the special costs incurred by the Office in connection with the evidence of appeal or degradation proceedings.
Transitional provision
The general approval mark, the approval mark of resistance in a particular environment with difficult climatic or other conditions, the national quality mark or the first grade mark may continue to be used if the relevant decision of the national service on the assessment or approval of the products has become final before the date of entry into force of this Decree.
_
1. the Ordinance of the Office for Standardisation and Measurement No. 136 / 1982 Coll., implementing the Act on State Testing,
2. the Order of the Office for Standardisation and Measurement No. 60 / 1987 Coll., amending and supplementing Decree No. 136 / 1982 Coll., implementing the Act on State Testing.
This decree shall take effect on the day of its publication.
Ing. Tošovský v. r.
Vice-President
Federal Bureau of Standardisation and Measurement
in charge of the Chairperson's duties
Annex to Decree No 585 / 1992 Coll.
Marks referred to in Article 6 (3)
No 1. General approval mark
No 2. Approval mark of resistance in a particular environment with difficult climatic or other conditions
No 3. Quality mark
No 4. First grade mark '.
1) The competence of the state service is given by its authorization (Sections 6 and 7 of the Act) published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing.
2. The products subject to approval shall be determined by the Office by means of the terms published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing.
3) Details of the implementation of the marks are provided by ČSN 01 0810.
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Regulation Information
| Citation | Decree of the Federal Office for Standardisation and Measurement, Technical Standardisation, Metrology and State Testing No. 585 / 1992 Coll., implementing Act No. 30 / 1968 Coll., on State Testing, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1992 |
|---|---|
| Effective from | 15.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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