Full text of Act No. 84 / 1987 Coll.
State Testing Act (full text as resulting from subsequent amendments and additions)
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84
_
Announces
full text of the Act on State Testing of 27 February 1968 No. 30 Coll., as follows from amendments and additions made by the Act of 23 June 1987 No. 54 Coll.
THE LAW
on State testing
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
The performance of the state testing shall consist of:
(a) product evaluation;
(b) in product approval,
(c) in product certification,
(d) carrying out checks on the products put into circulation of the products assessed, approved and certified.
(1) State testing bodies are the Office for Standardisation and Measurement and State Testing.
(2) State testing bodies also provide professional services in which they can issue certificates.
State testing authorities are required to conduct their activities impartially in accordance with the results of the tests and findings. The professional activities associated with this activity shall be carried out in accordance with the knowledge of science and technology, such as at the time when the operation is carried out.
Scope of the Standardisation and Measurement Office
The Office for Standardisation and Measurement is the central body of the state administration for the field of state testing.
(1) The Office for Standardisation and Measurement shall decide in the performance of state testing in cases provided for by law.
(2) Furthermore, the Office for Standardisation and Measurement is responsible in the field of state testing
(a) to manage and control the activities of state services; state services which are not directly subordinate to it, establish tasks in agreement with their superior authorities and participate in a comprehensive assessment of the activities of those state services;
(b) coordinate the activities of state services in the field of international cooperation;
(c) establish an obligation for national services to award certain special tests to organisations designated by the Standardisation and Measurement Authority;
(d) coordinate and monitor the involvement of the Czechoslovak authorities and organisations in international certification systems.
State services
(1) National testing bodies are organisations to which the Authority for Standardisation and Measurement has granted a licence for the performance of state testing (authorisation).
(2) The Authority for Standardisation and Measurement may grant a licence for the performance of state testing (hereinafter referred to as the "authorisation") to organisations which are subordinate to it or to other organisations with their agreement and in agreement with their superior bodies.
(1) The authorisation, amendment or withdrawal shall be published by the Standardisation and Measurement Office in its Journal.
(2) The approval shall specify its scope and the name of the head of the public service.
(1) The national authority shall, to the extent specified in the authorisation, have national competence, unless otherwise provided for by the Standardisation and Measurement Office.
(2) The official service may not evaluate or approve products which are the subject of its own manufacture or have been developed.
(1) The State Service shall examine proposals for relevant Czechoslovak state standards.
(2) If the national service finds that the technical standard does not conform, it shall propose the amendment, revocation or processing of the new technical standard.
(1) The performance of the public service in the public service shall be managed by its manager (Director) or by his appointed staff (hereinafter referred to as "the head of the public service").
(2) The approval of the Office for Standardisation and Measurement is necessary for the appointment and removal of the Head of State Service.
(3) The Head of State Service shall take the following oath into the hands of the Chairman of the Office for Standardisation and Measurement:
"I promise to perform my duties in accordance with the laws and other legislation, in accordance with the guidelines of the Office for Standardisation and Measurement and in accordance with the interests of the whole company, impartially to my best conscience, to use all of my knowledge and experience and to maintain confidentiality of the facts of state, economic and professional secrecy which I will learn in the performance of my duties."
(4) The Head of State Service shall take up his duties by making a promise.
(1) An evaluation committee shall be set up at the public service premises. The chairman and members of the evaluation committees shall be experts with a guarantee of their impartiality. The Office for Standardisation and Measurement shall appoint and withdraw them.
(2) The evaluation committee is the expert advisory body of the Head of State Service.
(3) The chairman and members of the evaluation committee are required to lodge the following promise in the hands of the authorised representative of the Standardisation and Measurement Office:
"I promise to perform my duties in accordance with the laws and other legislation, in accordance with the guidelines of the Office for Standardisation and Measurement and in accordance with the interests of the whole company, impartially to my best conscience, to use all of my knowledge and experience and to maintain confidentiality of the facts of state, economic and professional secrecy which I will learn in the performance of my duties."
(4) The Office for Standardisation and Measurement lays down the principles of the Rules of Procedure of the evaluation committees.
(5) The President and the members of the evaluation committees shall be remunerated for expert assessments in accordance with the general rules on non-employment pay. *)
(1) In decisions and certificates, the State Service is required to state its name and to attach to the signature an imprint to the seal of the State Service.
(2) Organisations other than those authorised shall not be entitled to use the designation of a national service, even as part of their name.
(1) An organisation which has been granted an authorisation may, for serious reasons, apply to the Standardisation and Measurement Authority for withdrawal at the end of the calendar year, with the agreement of its superior authority; the application must be submitted to the Standardisation and Measurement Office no later than 6 months in advance.
(2) If it is demonstrated that the national service fails to perform its tasks properly, the Authority for Standardisation and Measurement shall withdraw or restrict the authorisation; If it is an organisation which is not subordinate to it, it shall do so after consultation with its superior authority.
Evaluation of products
(1) The Standardisation and Measurement Authority sets out the products subject to evaluation (mandatory evaluation). Other products may only be evaluated by the State Service at the request of the manufacturer (optional evaluation). Optional evaluation has the same legal consequences and is carried out by the State Service in the same way as the mandatory evaluation, but the product is not subject to a new evaluation.
(2) For the mandatory assessment, the Office for Standardisation and Measurement on its own initiative or on the proposal of other institutions or organisations and after consulting the central authority of the manufacturer, shall establish products which significantly affect the standard of living or productivity of the user of the product, or products which are or may be able to compete successfully on foreign markets and, where appropriate, products whose quality is lagging behind and the user has no choice.
(1) The evaluation of the product is carried out by comparing the quality found on the sample of the product and its technicaleconomic indicators with the assessment conditions established and notified by the national service.
(2) The State Service shall lay down the conditions for evaluation, in particular on the basis of current knowledge of science and technology in the relevant product sector, on the basis of the technical and economic characteristics of the current high-quality foreign products intended for the same or similar uses and on the basis of legal and technical standards.
(3) Conditions for evaluation according to the nature of the products shall include:
(a) indicators of essential characteristics which make the product's ability to meet its specified needs in accordance with its designation, including the fitting of accessories, spare parts and the creation of assumptions for the provision of services related to the use of the product;
(b) technical economic indicators of the product derived from the products of the world's leading producers expressing efficiency in the use of the product.
(4) For a product group which does not differ in essential characteristics and technical economic indicators, the State service may, on a proposal from the manufacturer, consider the facts found on one or more of the products in that group to be relevant for the evaluation of the whole product group.
(1) The outcome of the assessment shall be the subject of a decision by the State Service to classify the product as of quality step. The State Service shall refuse to include in the quality step a product which does not fulfil its functions or does not comply with health aspects.
(2) The State Service shall classify the products:
(a) up to Q grade, if they meet not only the assessment conditions laid down by the State Service, but also at the time of the decision:
1. correspond to current knowledge of science and technology;
2. achieve the level of characteristics of current high-quality foreign products intended for the same or similar uses or exceed, or are specific to, the world market;
(b) to the first stage of quality if they meet the assessment conditions laid down by the national service;
(c) to the second stage of quality if they fulfil their functions but do not comply with the assessment conditions laid down by the State Service.
(3) The facts relevant for the classification of products in the Q-grade shall be demonstrated and documented to the manufacturer's state service.
(4) The national service shall authorise the manufacturer to use the national quality mark for Q-grade products and the first quality mark for first grade products only provided that the production conditions for continued compliance with product quality are ensured.
(5) A product which a public service refuses to be classified in the quality step must not be put into circulation.
(1) The State Service shall report to the evaluation committee on the results of the testing and the findings.
(2) On the basis of this report and on the basis of its own assessment of the product, the evaluation committee recommends that the product be classified in an appropriate grade.
(3) The State Service will decide, taking into account this recommendation, to classify the product in an appropriate grade. If the national service does not agree with the recommendation of the evaluation committee on the classification of the product in the quality level, it shall refer the matter to the Authority for Standardisation and Measurement, which shall decide on the substance of the case or shall refer the matter back to the national service for reconsideration and decision.
(1) When classifying the product into Q-grade or first grade, the national service shall determine the duration of the inclusion, taking into account the expected quality developments in the relevant product sector. This period shall not exceed three years for Q-grade products and five years for Q-grade products. The manufacturer shall enter the product for re-evaluation before the expiry of the period provided that it intends to continue to produce the product.
(2) When classifying the product in the second grade, the State Service shall determine the period within which the manufacturer is required to re-enter the product. This period shall not exceed one year.
(1) When checking the evaluated products put into circulation, the national service shall determine whether the products comply with the assessment conditions set out in Article 15 (3) and, for Q-grade products, the assumptions set out in Article 16 (2) (a); in the case of products classified in Q-grade or in the first grade, the State service shall also determine whether the conditions laid down in Paragraph 16 (4) are met.
(2) If the public service finds that the conditions of the assessment or, for products classified in Q-grade, the requirements laid down in Article 16 (2) (a) are not met, it shall assign them to a lower grade or withdraw them from the grade, if appropriate. The product to which the official service has withdrawn its classification in the quality step during the inspection shall not be put into circulation.
(3) Where the national service finds that the conditions for continued compliance with the quality of products in production or the shortcomings of products which are not relevant to the grade of quality to which the product has been classified are impaired, it shall withdraw the authorisation to use the national quality mark or the first grade mark without transferring the product to a lower grade.
Approval of products
(1) The Standardisation and Measurement Office, after consulting the authorities involved, sets out the products subject to approval.
(2) For approval, the Office for Standardisation and Measurement provides for both domestic and imported products,
(a) which are intended for a wide range of needs if they could endanger the safety of the user's life or health or the environment without the user being able to convince himself of this danger in advance, and personal protective equipment;
(b) which, by reason of their importance or frequency of use, could cause large-scale damage to the national economy, such as excessive consumption of electrical or other energy, fire hazards, interference with the operation of telecommunications, etc.,
(c) on which the resistance of finished products or investment units supplied or exported to an environment with difficult climatic or other conditions is dependent.
For approval, the Standardisation and Measurement Office may be authorised only by state services subordinate to central authorities or other public authorities.
(1) When the product is approved, the State Service shall examine the sample; establish whether it complies with the legislation (safety, hygiene and other), the technical standards and aspects for which approval has been established, as well as whether the manufacturer offers a guarantee that he will continue to comply with the product characteristics relevant for its approval.
(2) On the basis of these findings, the State Service shall decide that the product is approved or not approved as a type. The decision shall specify the aspect from which the product was approved and its characteristics relevant to the approval or, where appropriate, the non-approval of the product.
(3) The validity of product approval may be limited by indicating the time, environment or method of use for which the product is approved.
(4) Non-approved products may not be put into circulation.
(5) Where a product is approved only in terms of its resistance in a particular climate or other environment [Paragraph 20 (2) (c)], it shall not be supplied or exported to or used in such an environment without approval.
The official service shall carry out random checks on the characteristics of the approved products put into circulation to ensure that they correspond to the characteristics of the approved sample. If it finds that it does not have the characteristics relevant to the approval within the tolerance allowed, it shall withdraw the approval.
(1) In exceptional cases, the Standardisation and Measurement Office may provide that, for certain products, verification by the State is to be subject to each piece or production charge, provided that there are grounds of particular concern for the exceptional level of risk associated with the use of the product (e.g. civil firearms, selected personal protective equipment). Without such verification, such product shall not be put into circulation or used.
(2) Each user, or, where appropriate, the repair of such a product, is required to register and submit to the national testing body the product in cases specified by the Standardisation and Measurement Authority in the implementing regulation.
Product certification
(1) The Standardisation and Measurement Office, after consulting the participating central authorities in the Bulletin of the Standardisation and Measurement Office, sets out the products subject to certification (mandatory certification). At the same time, the Authority shall determine the certification authority and determine which technical standards, technical documents and, where applicable, legislation will be implemented.
(2) Certification of products not intended for certification (optional certification) may only be carried out on a proposal from the manufacturer or from another organisation demonstrating a legal interest in carrying out the certification.
The certification of products shall be carried out and certified by issuing the certificate.
(a) conformity of the characteristics of the product type certified with the technical standards, technical documents and, where appropriate, legislation;
(b) the conditions of the applicant for continued compliance with the quality of certified products in production.
(1) The product certification shall be carried out by the State Service on the basis of an application submitted by their manufacturer or by another organisation demonstrating a legal interest in carrying out the certification. If the product has characteristics identical to those laid down in technical standards, technical documents, or legislation, as appropriate, and the conditions for continued compliance with the quality of the products in production are ensured, the state service shall issue a certificate. If these conditions are not met, the product shall refuse to certify. Similarly, the Standardisation and Measurement Office shall proceed with the certification where it has reserved the certification.
(2) The certificate shall lay down the conditions for the marking of products by a certification mark or, where appropriate, for the issue of a certification document confirming the conformity of the characteristics of the certified product or production batch with those of the certified product type. The validity of the certificate may be limited.
The State Service shall carry out a random check as to whether the certified products have characteristics consistent with established technical standards, technical documents and, where appropriate, legislation, and whether the conditions for continued compliance with the quality of the products in production are ensured. Where products are found not to have the same characteristics as technical standards, technical documents or, where appropriate, legislation, or that the conditions for continued compliance with the quality of the products in production are not met, the State service shall withdraw the certificate or authorisation resulting therefrom. Similarly, the Standardisation and Measurement Authority shall proceed with the inspection in cases where it has reserved to carry out the inspection.
Common provisions
(1) Proceedings in matters relating to state testing shall be treated in accordance with the administrative rules, unless otherwise provided for in this law.
(2) State services shall carry out the evaluation, approval and certification of the product within the time limits laid down in the implementing regulation.
(3) The Office for Standardisation and Measurement shall decide on the appeal against decisions of state services. Appeals against decisions on evaluation and approval of products shall not have suspensory effect.
(1) Only those who have applied for, or should have applied for, a product for evaluation, approval or certification (hereinafter referred to as the applicant) shall be a party to the proceedings in State testing matters. Products subject to evaluation, approval or certification shall be required to register with the relevant national service of the manufacturer in the manner and within the time limits laid down in the implementing regulation. In the case of imported products, this obligation shall be on the importer.
(2) The State Service shall notify the applicant in writing, no later than 60 days after receipt of the application, in writing, when it shall determine the conditions for the evaluation and, where applicable, the approval of the product and by which the evaluation and approval shall be carried out.
(3) At the request of the State Service, the applicant shall deliver a sample of the product in the quantities necessary and with the documentation requested free of charge within the time limit set. The State Service shall have the right to select samples of the product itself either directly from the applicant, from the customer or from the carrier or from the commercial network, at the expense of the applicant. The samples shall be returned by the State Service to the applicant in the state in which they are after the tests. If technically possible and economically efficient, the State Service shall agree with the applicant to keep the sample as evidence.
(1) State testing bodies shall determine the characteristics of the product themselves or may submit such findings to other organisations. With the agreement of those authorities, or under their supervision, the applicant may carry out or have the findings made.
(2) The Standardisation and Measurement Authority may provide testing and assessment of products for the needs of the state testing itself to foreign institutions, other organisations only with its consent.
(1) Organisations are required to allow the public testing bodies to perform the public testing. In particular, they shall be required to submit to them documentation concerning the products assessed, approved or certified, to allow them access to production and testing equipment and to the relevant areas of the organisation, as well as the use of measuring techniques owned or used by the organisation.
(2) State testing staff and members of the evaluation committees are required to remain silent on all matters forming the subject of state, economic or professional secrecy which they learn from the performance of the public examination.
(3) Changes in production capable of affecting the characteristics of the product under assessment, approved or certified, or the transfer of production to another organisation, are required by the manufacturer to report without delay and at the latest by the date on which the change takes place to the public service.
(1) Where products marked with a quality mark, a first grade mark, an approval or certification mark which is not theirs, are put into circulation, the Standardisation and Measurement Office shall impose a fine of 10% on the wholesale price of the products so labelled. In addition, the Standardisation and Measurement Office may order the withdrawal of such products from the trading network to the cargo of the person who incorrectly identified the product. However, this Regulation shall not apply to products delivered earlier than three years before the withdrawal decision is taken.
(2) If the applicant has not submitted or did not submit the product in due time for the mandatory evaluation, the Standardisation and Measurement Office shall impose a fine of 10% on the wholesale price of products delivered after the date on which the product was to be submitted or registered; if the product is to be re-evaluated, the Standardisation and Measurement Office shall impose a fine of 20% on the applicant of the wholesale price of products delivered after the date on which the product was to be submitted or registered, if necessary.
(3) If the national testing authorities, when checking the evaluated products (§ 19), find that they show a defect for which the product must be reclassified to a lower grade or removed from the quality step, the Standardisation and Measurement Office may impose a fine on the applicant of 10% of the wholesale price of the products for which it is established that they were already put into circulation before the check.
(4) The Standardisation and Measurement Office shall impose a fine of 10% on the wholesale price of all products incorrectly delivered to the person who makes the product into circulation (Sections 16 and 22).
(5) If it is found during the verification of approved products (Paragraph 23) that the controlled product shows a defect for which approval has to be withdrawn, the Standardisation and Measurement Office may impose a fine of 10% on the applicant of the wholesale price of the products which have been proven to have been put into circulation before the check.
(6) Where there is a risk that a product subject to approval which has not been approved or which has been withdrawn will endanger health, the Office for Standardisation and Measurement shall also order the withdrawal of all such products from the trading network and, where appropriate, from the use of the product, in addition to the costs of the applicant.
(7) In addition, where a product has been ordered to be withdrawn, the applicant shall pay a fine equal to the full wholesale price of all products which he has not withdrawn within 90 days of receipt of the withdrawal decision.
(8) When calculating the amount of the fine under the previous provisions, products delivered earlier than three years before the date on which the decision to impose the fine was taken shall not be taken into account.
(9) The Office for Standardisation and Measurement shall impose a fine of 10% on the wholesale price of products delivered after the date of such decision on the applicant who has reached the decision in the matter of state testing by incorrect data. This fine may not be imposed if the applicant proves that he could not prevent incorrect data.
In the evaluation, approval and certification of products, including in appeal proceedings, the remuneration for the performance of the state testing shall be the responsibility of the public service and the Office for Standardisation and Measurement. The payment shall be paid by the applicant.
The organisation which has been authorised and its superior body shall ensure the operation and development of the state testing in terms of the personal occupancy and technical equipment of the state testing centre.
The law shall be without prejudice to the powers of the administrative authorities which approve, authorise or supervise the products in accordance with specific rules, in respect of certain characteristics of the product or its conditions of use.
Transitional and final provisions
(1) Authorisations for carrying out compulsory testing (approval) and assessments issued under existing rules shall expire on 1 July 1968 unless the Standardisation and Measurement Office has previously replaced them with an authorisation under this Act.
(2) It is without prejudice to decisions on the evaluation and approval of products issued before the application of this Act.
(3) If the applicant has already produced or supplied a product which, under this Act, the Standardisation and Measurement Authority provides for approval without the product having previously been approved, he shall be obliged to register it with the relevant national service for approval no later than 90 days after the notification that the product is subject to approval. Until the completion of the approval procedure, supplies may continue.
(1) The Standardisation and Measurement Office shall issue provisions for the implementation of the law setting out details of the procedure in matters of state testing, the conditions for evaluation and certification of products, the way in which the products assessed, approved and certified are labelled and the level of remuneration for the performance of the state testing.
(2) The methods of testing precious metals and the tasks of state authorities in this activity are laid down by the Ministry of Heavy Industry. *)
They shall be deleted:
(a) Act No 185 / 1910 on technical examination, testing and examination of material;
(b) statutory measure No. 2 / 1955 Coll., on the State Service for Measures and Weights, on the State Service for Precious metals and on the testing of weapons and ammunition for civil use;
(c) statutory measure No. 102 / 1965 Coll., on the uniform management of compulsory testing and evaluation of products;
(d) Decree of the Minister of Industry No 1505 / 1946 Ú. l., on compulsory inspection and testing of domestic, commercial and industrial appliances for heating gases and certain appliances and their components for the production, distribution and control of gas (No 1462 / 1946 Ú. v.);
(e) Decree No 637 / 1947 of the Minister of Industry of the Ú. l., on the compulsory inspection and testing of gas appliances and gas appliances (No 554 / 1947 Ú. v.);
(f) Decree No 44 / 1957 of the Ministry of the Automotive and Agricultural Machinery (Ú. v.) on quality marking of certain products;
(g) Decree No 87 / 1958 of the Ministry of the Automotive Industry and Agricultural Machinery (Ú. v.) extending the list of products covered by Decree No 44 / 1957 of the Ú. l (Ú. v.) to quality marking of certain products;
(h) Decree of the Minister of General Engineering No. 52 / 1962 Coll., on the testing and verification of weapons and ammunition for civil use;
(i) Decree of the State Commission for the Development and Coordination of Science and Technology No. 83 / 1963 Coll., on compulsory testing and control of electrical products, materials and aids;
(j) Decree of the State Commission for the Development and Coordination of Science and Technology No. 162 / 1964 Coll., on compulsory testing and control of products and materials intended for areas with difficult climatic conditions;
(k) Directive No 20 774 / 4013 / 65a of 30 September 1965 on the compulsory testing and evaluation of selected products * *;
(l) the implementing guidelines, supplements and amendments of the Standardisation and Measurement Office to the Directives for compulsory testing and evaluation of selected products such as Zk / 65a / 66 of 12 January 1966 * *).
This Act shall take effect on 1 April 1968.
Act No. 54 / 1987 Coll., amending and supplementing Act No. 30 / 1968 Coll., on State Testing, became effective on 1 July 1987. Decisions on the classification of products in individual grades issued before the application of this Act are not affected by this Act (Article II of Act No. 54 / 1987 Coll.).
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Regulation Information
| Citation | Full version of Act No. 84 / 1987 Coll., Act on State Testing (full text as follows from subsequent amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.1987 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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