Order of the Office for Standardisation and Measurement No. 97 / 1964 Coll.

Q: Is Order of the Office for Standardisation and Measurement No. 97 / 1964 Coll. still valid?

Yes, Order of the Office for Standardisation and Measurement No. 97 / 1964 Coll. is still valid and effective.

97

DECLARATION

Standardisation and Measurement Office

of 10 June 1964

implementing the Technical Standardisation Act

In agreement with the participating central authorities, the Standardisation and Measurement Authority provides for technical standardisation in accordance with Section 24 of Act No. 96 / 1964 Coll.:

ČÁST PRVNÍ

General provisions

§ 1

Methods and forms of standardisation

(1) In particular, the following shall be used in standardisation activities:

(a) the unification by which a single product is formed (part, part, group, machine, production unit, material, etc.) or the method of work (working procedure, test method, etc.) so that, for a given social need (in terms of dimensions, functional characteristics, obtained results, etc.), individual products or working methods are interchangeable;

(b) a characterisation which selects or produces an economic number of types of a product or activity sufficient to cover most of the needs of the national economy;

(c) a specification setting out in particular the characteristics, design or arrangement of articles (raw materials, materials, products, equipment) or methods of work (working procedures, test methods and other activities), and, where appropriate, the measures necessary to determine whether the requirements laid down are met.

(2) The results of unification and typing are applied through technical standards, type project solutions or through production and other technical documents.

Standards bodies

§ 2

The carrying of the standardisation task shall be the body (organisation) which has been assigned in the technical standardisation plan to carry out the standardisation task.

§ 3

The processor of the standardisation task shall be an organisation which has been entrusted with the task by the controller to solve the standardisation task.

§ 4

(1) Participants in the standardisation task are the authorities and organisations which produce, distribute, use, test, control or follow-up the scope of the standardisation task.

(2) In particular, the resolution of standardisation tasks and the discussion of their results shall take part in:

(a) bodies and organisations which are mainly involved in the production, testing, collection, consumption or use of the subject-matter of the standardisation task and which are engaged in research, development or preparation of production, such as research, project and design organisations (hereinafter referred to as "main participants"). The main participants are also organisations responsible for managing technical standardisation in specified fields (hereinafter referred to as "entrusted organisations'), foreign trade undertakings, product quality care bodies and price setting bodies,

(b) bodies and organisations whose opinions, observations and decisions on the subject-matter of the standardisation task are binding under the relevant legislation for other organisations (hereinafter referred to as "non-essential participants"). For example, omitted participants include ROH safety authorities, hygienic, anti-epidemic and veterinary services, fire protection authorities, state technical surveillance authorities.

Subject matter of technical standards

§ 5

(1) The technical standards shall in particular cover:

(a) raw materials, materials, semi-finished products, buildings, equipment and products of mass, series or repeated piece production, parts thereof, structural elements, their parameters, shapes, dimensions, quality, design, accessories, physical, chemical, biological and other characteristics,

(b) recurrent technical activities, in particular:

1. the treatment of products and raw materials, their testing, packaging, storage, transport, labelling, technical aspects of the verification of supply, use, maintenance and operation,

2. technological processes and technical work;

3. measures for the protection of goods,

(c) general technical items, such as names, terms, quantities, units, marks, drawings, sorting, methods of calculation, series of selected numbers, threads and spinning.

(2) Technical standards shall also cover measures for safety and health at work which form part of the scope of the standardisation task to apply general legislation on safety and health at work and on the creation and protection of healthy living conditions, or which regulate, from the point of view of safety and health at work, working procedures or the treatment of products for which no other legislation has been issued, or are not appropriate to issue.

§ 6

(1) The degree of technical standard to be adapted to the subject matter of solving the standardisation task shall be determined according to the importance of the subject matter or, where appropriate, the range of users and shall, as a general rule, be indicated in the technical standardisation plan.

(2) National standards shall be adapted to products, activities and general technical items which are of particular importance to the national economy or which are manufactured, executed or used in several fields.

(3) The trade standards shall be adapted to products, activities or general technical matters of a specified field which are not appropriate to adapt national standards and which cannot be adapted to business standards.

(4) Business standards shall be adapted to products, activities or general technical goods which are produced and used, executed or only used within the undertaking or, where appropriate, production units, or which are produced for a limited number of customers.

(5) Technical standards for trade and business may include a choice of higher-grade standards and, where appropriate, a more detailed adaptation of the subject matter of higher-grade standards; However, they shall not conflict with them.

(6) International standardisation recommendations are introduced by state or sectoral standards.

ČÁST DRUHÁ

Solving standardisation tasks

Oddíl 1

Basic provisions

Planning

§ 7

(1) Technical standardisation as planned is carried out in accordance with the identified development concepts and needs of the national economy and in accordance with international standardisation activities. Methodological guidance shall apply to the preparation of the technical standardisation plan.

(2) Only duly justified tasks shall be included in the technical standardisation plan.

Common principles for solving standardisation tasks

§ 8

(1) The processor shall entrust the solution to the standardisation task to personnel who, by their expertise, guarantee the completeness and accuracy of the solution.

(2) In addressing the standardisation task, the processor shall base in particular on the results of scientific research and development work, the experience of production, the requirements of consumers and an analysis of the economic effects that can be expected from the different ways (options) of solving the standardisation task. The processor relies on international recommendations, foreign standards and technical literature.

Oddíl 2

Solving standardisation tasks

Principles of the technical economic solution of the standardisation task

§ 9

(1) For important and complex tasks, the processor shall draw up and justify the principles of the technical and economic solution to the standardisation task (hereinafter referred to as the "solution principles").

(2) The principles of the solution include the method of resolving the standardisation task or, where appropriate, the various alternatives to solutions, the measures necessary to verify their correctness or to establish, respect and use them, the preliminary economic assessment of the various solutions and the indication of who the draft standard will be discussed, who the subject of the standardisation task is producing and who its customer is, and how workers will be familiar with the proposal, if they are dealing with a wide range of workers.

§ 10

(1) The principles of the solution will be discussed by the processor in particular with the main and unwavering participants and with the task holder. Where the standardisation task is dealt with by a state standard or by a sectoral standard reserved for submission by the Office for Standardisation and Measurement (hereinafter referred to as the Office), the processor shall discuss the principles of the solution with the Office. The processor shall attach to the principles of the solution a list of participants to which the principles shall be discussed. For observations, the processor shall set a time limit which shall not be less than 3 weeks and shall not be longer than 6 weeks.

(2) The participants to whom the principles of the solution have been sent are obliged to inform the processor within a specified time limit whether they agree to the proposed solution and what measures will have to be taken to ensure that the solution under consideration can be established, respected and used. If the participants do not agree to the solution or measure under consideration, they shall state the reasons for the proposed measures.

(3) The obligations referred to in paragraph 2 shall not apply to the central authorities where the principles of the solution are also discussed with organisations subordinate to them. In such cases, if the processor has specific reasons to comment on the principles of the solution, he shall mention them in the accompanying letter. The reasoned request shall be met by the central authority.

(4) If a participant cannot comment on the principles of the solution within the time limit set, it shall notify the processor within that time limit, stating the reasons and the time limit within which it will comment on the principles of the solution. That period, together with the period referred to in paragraph 1, shall not exceed two months from the date of service of the principles.

Oddíl 3

Preparation, discussion and approval of the draft State standard, its announcement and publication

Drawing up a draft state standard

§ 11

In drawing up the draft State standard, the processor shall follow the principles set out in Section 8. Where a draft State standard has been preceded by the development of the principles of the solution, the processor shall evaluate the comments received on the principles of the solution and draw up a draft state standard according to the results of the evaluation. At the same time, it shall draw up a draft measure for the introduction, compliance and use of the State standard (hereinafter referred to as the "draft measure ') and a justification.

§ 12

(1) The draft measure shall include technical, organisational and economic measures to be taken by participants in order to allow the national standard to be introduced, respected and used from the date on which it takes effect, and measures for the decommissioning of products from production or use, including measures for the processing, use or consumption of products which have not met the requirements of the proposed national standard. If the draft state standard creates the preconditions for efficient social division of work, such as specialisation or accumulation of production, this task shall also be included in the draft measure. Measures for popularisation of the proposed state standard are also included in the draft measure.

(2) According to the state of the work to address the standardisation task, to prepare, discuss, approve and declare a state standard, the measures referred to in the previous paragraph shall be provided in the relevant plan.

§ 13

In the justification, the processor shows that the solution contained in the draft State standard is the most favourable to the national economy in the present state, or explains why it could not take into account the comments made on the principles of the solution. The processor shall also include in the justification an analysis of the nationaleconomic effects that can be expected from the different ways of addressing the standardisation task and, where appropriate, the impact of the solution on plan indicators and on the price system.

Negotiating draft state standards

§ 14

(1) The draft State standard, the draft measure and the justification shall be sent to the processor to express to the principal and the unfailing participants, to the holder of the task, to the Office and to the participants in the solution principles. A list of participants to whom the draft standard has been sent shall be attached by the processor to the draft national standard. For observations, the processor shall set a time limit which shall not be less than 3 weeks and shall not be longer than 6 weeks.

(2) Where the content of a draft State standard is contrary to the legislation in force, the processor shall send the draft State standard to the authority which issued the legislation or which is responsible for its implementation and shall propose how the contradiction needs to be removed.

§ 15

(1) Participants to which a draft State standard has been sent for comments shall be required to communicate to the processor their comments or consent to the proposal within a specified time limit.

(2) Comments must be clearly formulated, the proposed amendments and additions must be justified. The comments shall also indicate what advantages or disadvantages will be associated with the introduction of a State standard, whether they agree to a proposal for a measure or propose to supplement it with other necessary measures in the national economy, or whether the proposed measures are secured by a plan or how they will ensure it.

(3) Paragraph 10 (3) and (4) applies mutatis mutandis to the reference procedure for the draft State standard.

§ 16

(1) The processor shall discuss the comments received with the participants.

(2) According to the observations received, the processor shall adapt the text of the application; the refusal of comments received should be justified. The processor shall write a record of the conduct of the meeting, which shall send to the participants to whom the draft State standard has been sent for comments.

(3) If an agreement cannot be reached on the issue at issue raised between the processor and the unfailing participant, the processor shall draw up a draft state standard or a relevant part thereof in both alternatives.

§ 17

(1) The conclusions reached in the discussion of the draft State standard and the draft measure will require final comments from the parties. The task carrier and the Office shall inform the processor accordingly.

(2) Where a new or non-comparable product or product is subject to a draft State standard, but in the production of which the proposed State standard results in a reduction or increase of production costs, the processor shall, unless he has done so earlier, forward a copy of the proposal to the price formation body (s).

§ 18

(1) Where participants agree to the final text of the draft State standard and the draft measure, they shall inform the processor accordingly. If they disagree, they shall state the reasons.

(2) The final statement shall be signed by the head of the organisation or its representative and sent to the processor no later than 2 weeks after the date of service of the draft State standard or the conclusions of its discussion.

§ 19

(1) Where observations on a draft State standard or on a draft measure which has been or is to be included in the draft measure arise and are not able to be removed with the cooperation of the entrusted organisation and the negotiation between the heads of organisations involved in the various issues at issue, the processor shall submit a draft State standard with the disputed issues to the superior central authority.

(2) The central authority shall decide on the question at issue, if it is disputed between the organisations under its authority, otherwise it shall discuss the issue with the central authorities of the superior organisations between which the question at issue arose. In the absence of agreement or at the hearing, the Central Authority shall forward the draft State standard to the Office with a proposal on how the issues at issue need to be decided.

(3) The contested question must be discussed and decided by the institutions and organisations at each stage of the procedure within two months of the date on which the contested question was referred to them.

§ 20

Final report

A final report on the draft national standard shall be drawn up by the processor, which shall include in particular:

(a) the task number according to the relevant technical standardisation plan and its name;

(b) the social contribution of the State standard;

(c) comparison with the world level, in particular with international standardisation recommendations. If the proposed level contained in the documents to be compared is not achieved, the report shall state the reasons why this level cannot be achieved,

(d) shortcomings in the draft State standard, outstanding problems and prospects for standardisation in the future;

(e) brief information on the course of the procedure, in particular with whom the draft State standard has been discussed, who is the manufacturer of the article of the standard and who is its customer, an overview of the issues at issue with the proposal on how to deal with them and the contradictions with legislation which could not yet be removed;

(f) a proposal for the start of the proposed standard.

Submission of a draft State standard for approval

§ 21

(1) The draft State standard and the draft measure adapted to the comments (paragraphs 2 and 3 of Section 16) and the final report drawn up shall be submitted by the processor, with the opinion of the competent organisation of the Office, and shall inform the holder of the task of copies of the accompanying letter with the draft State standard and the draft measure.

(2) Except in the case referred to in Article 19 (1), the processor shall, through the task-holder, submit a draft State standard to the Office if the task-holder has reserved it, or if measures need to be taken in order to establish a state standard which can only be decided by a central authority.

(3) The draft State standard, the draft measure and the final report are presented in 3 copies by the processor. The proposal shall be accompanied by the necessary supporting documents (e.g. Commission minutes, pictures, drawings, schematics, test reports), belonging to the draft state standard.

(4) The accompanying letter, a copy of the draft State standard and the draft measure must be signed by the head of the organisation which is the processor or his representative.

Approval procedure

§ 22

(1) The Authority shall, no later than one month after the date on which the draft State standard was reached, examine whether the proposal complies with the requirements of the national economy, whether the proposal has been resolved in its entirety and whether the draft standard, the draft measure and the comments have been discussed in the prescribed manner (Sections 14 to 19). According to the results of this investigation, the Office shall decide whether to accept the application for approval or to return it. The adoption of the draft State standard in the approval procedure shall be notified by the Office to the task holder, the processor and the designated organisation.

(2) If the draft State standard or the draft measure does not comply with the requirements referred to in paragraph 1 or one of them, the Office shall, within that month's time limit, return the draft State standard to the processor with a justification for returning the proposal and with instructions on how to remedy the deficiencies. The Office shall inform the task holders of the return of the draft State standard.

§ 23

Approval of the proposal

(1) If the draft State standard complies with the requirements set out in Paragraph 22 (1), the Authority will decide on any issues at issue and approve the draft State standard. The Authority shall decide on the issues at issue after prior consultation with the central authorities involved and if the issue reserved for specific rules of competence of another authority (organisation) (Paragraph 4 (2) (b) is only agreed with that authority (organisation).

(2) The approval of a State standard shall be notified by the Office to the carrier of the task entrusted to the organisation through which the draft State standard was submitted to him or her and to the processor. The decision on the issues at issue shall be forwarded by the Office and the participants concerned by the decision.

(3) In the event that an invention, the use of which belongs to the State, or an improvement proposal, has been used in the preparation of the draft State standard, the Office shall notify the Central Authority of its competence, indicating the date on which the draft State standard was approved.

§ 24

Determination of the effectiveness of the State standard

(1) When approving the standard, the Authority shall decide on the starting date of the national standard. If it is not possible to determine the beginning of the application of the State standard on the same day for all its users, the Authority shall set it separately for each user group. In doing so, it is based on a negotiated proposal for a measure ensuring the establishment, compliance and use of the State standard.

(2) The entry into force of the State standard is fixed at the day following the publication of the standard, in urgent cases, the date of its publication.

§ 25

Declaration of State Standard

The approved state standard shall be declared by the Office in its Bulletin. It shall state in the Order:

(a) the number and name of the national standard and the date of its approval;

(b) the date from which the national standard takes effect;

(c) the number and date of approval of the standard to be repealed or amended by the State Standard.

§ 26

Issue of state standards

State standards are published by the Office's Publishing Office. *)

Oddíl 4

Preparation, discussion, approval, announcement and publication of sectoral standards

§ 27

Unless otherwise specified in this Section, Sections 2 and 3 of this Part shall apply mutatis mutandis to the preparation, negotiation, approval, announcement and issue of sectoral standards.

§ 28

Paragraph 19 shall apply mutatis mutandis to the resolution of the disputed issues arising from the discussion of the draft sectoral standard. The final decision shall belong to the central authority which is superior to the processor; If the question at issue has been raised by an organisation subject to another central authority, it shall decide on the matter only after its prior discussion with the central authority concerned and in agreement with the Office; Where a question reserved by specific provisions is the responsibility of another authority (organisation), the decision shall be taken only after prior agreement with that authority (organisation).

§ 29

(1) The trade standard shall be approved by the head of the Central Authority or, where appropriate, by the head of the entrusted organisation or their representative.

(2) Prior to the approval of the sectoral standard, the central authority or the delegated organisation shall submit a draft sectoral standard to the Authority if it has reserved this in the technical standardisation plan.

Announcement and issuing of sectoral standards

§ 30

(1) The Authorising Authority (organisation) shall publish the approved standard (Paragraph 29 (1)) in the Official Journal of the Office. To this end, the authorising authority (organisation) shall send two copies of the Order and two copies of the Order before the issue of the Technical Standard to the Office, one copy of the Order and one copy of the Technical Standard being signed by the Head of the Authorising Authority (Organisation) or his representative. The application for publication of a sectoral standard shall be accompanied by a declaration by the authorising authority (organisation) that the sectoral standard submitted for publication complies with national standards and other legislation.

(2) The decree shall specify in particular:

(a) the name and address of the authorising authority (organisation);

(b) the number and name of the industry standard and the date of its approval;

(c) the date from which the industry standard takes effect,

(d) the number and date of approval of the sectoral standard, which shall be repealed or amended by the said standard;

(e) a note on which the national standard has so far covered the subject matter of the sectoral standard.

(3) The Authority will examine whether the industry standard has been approved by the competent authority (organisation) and whether the application for the publication of the industry standard has all the necessary requirements for publication. If a request for the publication of a sectoral standard complies with these requirements, the Office shall assign a number to the sectoral standard, if requested, and publish the decree in its Bulletin.

§ 31

(1) The trade standards are generally issued by the Office's Publishing Office at the request of the authorising authority (organisation). The authorising authority (organisation) may issue and distribute the sectoral standard itself. The publishing house may refuse to issue a professional standard if the need for copies is small (up to 200).

(2) The Authorising Authority (organisations) or the Office's Publishing Office, insofar as they provide for the issue of a sectoral standard, are required to transmit to the Office two copies of the sectoral standard for documentation and registration purposes.

Oddíl 5

Preparation, discussion, approval and publication of corporate standards

§ 32

The provisions of Section 2 and Section 3 of this Part, with the amendments and additions referred to in this Section, shall apply mutatis mutandis to the development, discussion, approval and publication of business standards.

§ 33

(1) The business standard shall be approved by the head of the organisation which has drawn up the draft business standard or by its representative; the organisation which has drawn up the draft business standard shall submit it to the central authority for approval, if it has reserved it, before approving the proposal.

(2) The company standard is issued and declared by the organisation which approved the company standard.

(3) Organisations, in particular organisations with related production, may agree on the joint development and application of a company standard.

Oddíl 6

Solving the analysis tasks

§ 34

(1) The focus of the analysis task is in particular:

(a) analysis of the state of technical standardisation in a particular section of the national economy in order to determine the possibilities, focus and determination of the task for further standardisation work;

(b) an analysis of a set of standardisation issues in order to propose standardisation tasks indicating their importance, timing and identification of the processor;

(c) the processing of a special task in order to apply typing or unification in production and to determine the most appropriate type series, the most favourable service life, including the conditions for further addressing and implementing the task;

(d) the examination of the applicable technical standards in terms of their technical and economic level in the undertaking or throughout the national economy.

(2) The analysis of the standardisation task shall be carried out in accordance with the principles set out in Section 8.

(3) A report shall be drawn up by the processor on the solution of the analysis of the standardisation task, which shall include the results of the examination of the specified technical section for the correct focus and application of technical standardisation; the report shall be discussed in a similar way as the draft standard is discussed, or as the final reports are discussed at the end of scientific or research tasks. The final report shall indicate in particular:

(a) the current situation of the area under examination and its shortcomings, in particular from the point of view of the organisation and technology of production and from the point of view of the relationship between production and consumption;

(b) a proposal on how to deal with the tasks resulting from the conclusion of the analysis task or a proposal for measures in terms of characterisation and unification in construction, project or similar activities and the conditions for and implementation of the solution;

(c) the draft order and time limits for dealing with individual standardisation tasks.

ČÁST TŘETÍ

Amendments and repeal of technical standards

§ 35

Where certain provisions of the applicable technical standard or the whole technical standard remain at the level of the technique or otherwise do not meet the needs of the national economy, they should be amended or repealed.

§ 36

(1) Any application to amend or repeal the applicable technical standard or its individual provisions may be made. This is an obligation for organisations covered by the standard (§ 4 (1)). The proposal must be technically and economically justified. The proposal shall be decided by the authorising authority (organisation).

(2) Amendments to technical standards of a larger scale are declared and issued as standards. The minor amendments shall be declared in full. The repeal of technical standards shall be declared in a similar manner to those of minor standards.

§ 37

The procedure for drawing up, consulting, approving, announcing and issuing amendments and repealing technical standards shall apply mutatis mutandis to the provisions of Sections 2 to 5 of Part Two.

ČÁST ČTVRTÁ

Labelling of technical standards

§ 38

(1) State standards are indicated by the letter "CSN" and by the figures assigned by the Office. Sectoral and corporate standards are similarly referred to.

(2) The labelling of industry and corporate standards is methodically managed by the Authority.

§ 39

The Office shall keep a central register of national and sectoral standards. The accounting of sectoral standards shall be carried out by authorising authorities (organisations) in their field of competence. The organisation responsible shall keep records of corporate standards.

ČÁST PÁTÁ

Derogations from the applicable technical standards

§ 40

(1) The technical standards may be waived:

Citation	Order of the Office for Standardisation and Measurement No. 97 / 1964 Coll., implementing the Technical Standardisation Act
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	10.06.1964
Effective from	01.07.1964
Effective until	-
Status	Valid

Ordinance of the Office for Standardisation and Measurement implementing the Technical Standardisation Act

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