Act No. 505/1990 Coll. on Metrology, as later amended

(consolidated text)

WORKING CONSOLIDATED TEXT^x)

Act No. 505/1990 Coll. on Metrology
as amended by Act No. 119/2000 Coll., Act. No. 13/2002 Coll., Act No. 137/2002 Coll. and Act No. 226/2003 Coll.

The Parliament has adopted this Act of the Czech Republic:

PART I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this Act is the regulation of the rights and obligations of natural persons, who are entrepreneurs, and legal entities (hereinafter referred to as “subjects”) and state administration authorities, within the scope necessary to ensure the uniformity and accuracy of the measuring instruments and measurements.

Article 2

Legal units of measurement

(1) Subjects and state administration authorities shall be obliged to use the basic units of measurement set out in paragraph 2, their symbols, multiples and submultiples specified by a decree, as well as other units, their symbols, definitions, multiples and submultiples specified by a decree. In international relations other units of measurement corresponding to international commercial usage may be used.

(2)   The basic units of measurement shall be:

a)    unit of length – metre (m):

the metre is the length of the path travelled in a vacuum by light during 1/299 792 458 seconds;

b)    unit of mass – kilogram (kg):

the kilogram is the unit of mass; it is equal to the mass of the international prototype of the kilogram;

c)    unit of time – second (s):

the second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between two hyperfine levels of the ground state of the caesium 133 atom;

d)    unit of electric current – ampere (A):

the ampere is that constant current which if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section and placed one metre apart in a vacuum, would produce between the conductors a force equal to 2 ´ 10^-7 newton per metre of their length;

e)    unit of thermodynamic temperature – kelvin (K):

the kelvin, unit of thermodynamic temperature, is the fraction of 1/273,16 of the thermodynamic temperature of the triple point of water;

f)     unit of amount of substance – mole (mol):

the mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0,012 kg of carbon ¹²C. When indicating the amount of substance the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles or specified groups of such particles;

g)    unit of luminous intensity – candela (cd):

the candela is the luminous intensity, in a given direction, of a source which emits monochromatic rays with a frequency of 540 ´ 10¹² hertz and whose energy intensity in that direction is 1/683 watt per steradian.

Article 3

Measuring instruments

(1)   Measuring instruments serve to determine the value of a measured quantity. For the purposes of this Act they include, together with essential auxiliary measuring instruments:

a)    standards;

b)    legally controlled working measuring instruments (hereinafter referred to as “legal measuring instruments”);

c)    other working measuring instruments (hereinafter referred to as “working measuring instruments”);

d)    certified reference materials and other reference materials in so far as these are intended to function as standards or as legal or working measuring instruments.

(2)   Standard for a unit of measurement or a scale of certain quantity  is a measuring instrument serving for realization and maintenance of this unit or scale and for their transfer to measuring instruments of lower accuracy. Maintenance of a standard shall mean all the operations necessary for the maintenance of metrological characteristics of the standard within determined limits.

(3)   Legal measuring instruments  are measuring instruments which have been specified by the Ministry of Industry and Trade (hereinafter referred to as “Ministry”) in a decree for mandatory verification with regard to their importance:

a)    in contractual relationships, such as sale, hire or donation of a thing, provision of services or assessment of damages or compensation for other financial damage,

b)    for assessment of sanctions, charges, rates and taxes,

c)    for health protection,

d)    for environmental protection,

e)    for safety at work, or

f)     for protection of other public interests covered by special legal regulations.

(4)   Working measuring instruments are measuring instruments which are neither standards nor legal measuring instruments.

(5)   Certified reference materials and other reference materials shall be materials or substances of precisely determined composition or characteristics, being used, in particular, for verification or calibration of instruments, evaluation of measuring methods and quantitative determination of the characteristics of materials.

(6)   In the case of doubts, the classification of a measuring instrument in one of the mentioned categories of measuring instruments shall be carried out by the Office for Standards, Metrology and Testing (hereinafter referred to as “Office”).

Article 4

Legal metrological control of measuring instruments

(1)   For the purposes of this Act, the legal metrological control of measuring instruments means the type approval of measuring instruments, the initial and subsequent verification of  legal measuring instruments and the certification of reference materials.

(2)   On request of the user of a measuring instrument, the Office may, for a fixed period of time, withdraw a measuring instrument intended for specific purpose from the sphere of action of the legal metrological control of measuring instruments.

Article 5

Traceability of measuring instruments

(1)   For the purposes of this Act, the  traceability of measuring instruments means incorporation of given measuring instruments into an uninterrupted sequence of transfer of the value of a quantity, beginning with the standard of the highest metrological quality for the given purpose. The  traceability of working measuring instruments shall be determined by the user of the measuring instrument.

(2)   National standards have the highest metrological quality in the country for the given field of measurement. They shall be approved by the Office which shall lay down also the manner of their development, maintenance and use.

The creation, development and maintenance of national standards falls within the responsibility of the State  which ensures these activities in accordance with this Act. The national standards are maintained by the Czech Metrology Institute or by authorized subjects entrusted with this activity by the Office. The Czech Metrology Institute coordinates the creation and development of national standards as well as their  maintenance. The national standards  are traceable to international standards maintained in accordance with international agreements or to national standards of other states with corresponding metrological quality.

(3)   The provisions of paragraph 2 shall apply analogically to other standards of the highest metrological quality in the state in fields of measurement where no national standards have been approved.

(4)   For the protection of national standards a protective zone may be established around the location of their maintenance in accordance with special regulations1).

(5)   Main standards  form the basis of the  traceability of measuring instruments at the subjects and are subject to mandatory verification. The calibration of main standards  are carried out by the Czech Metrology Institute or the calibration service centres  on request of the user. The period of subsequent calibration of a main standard is determined by the user of the main standard with regard to its metrological and technical characteristics as well as the method and frequency of its usage. The Czech Metrology Institute, if asked for calibration of a main standard in the fields of measurement where legal measuring instruments have been decreed, shall be obliged to carry out the calibration or, alternatively, it may arrange the calibration abroad.

(6)   The traceability of measuring instruments in use may be established by the users themselves by means of their main standards or through the Czech Metrology Institute or a calibration service centre or at other users of measuring instruments who have appropriate main standards traceable to standards of the Czech Metrology Institute or calibration service centres or to standards of foreign subjects having comparable metrological level.

PART II

TYPE APPROVAL OF MEASURING INSTRUMENTS

Article 6

Type approval of measuring instruments of domestic production

(1)   Measuring instruments subject to type approval before the start of their production  are specified by the Ministry in a decree. Types of other newly produced measuring instruments may also be approved on request.

(2)   Type approval of a measuring instrument is carried out by the Czech Metrology Institute. It ascertains whether the measuring instrument is capable to  deliver the intended function. This requirement shall be considered to be fulfilled if the measuring instrument meets the requirements laid down in the decree or, where no decree relates to it, if it meets the requirements of Czech standards. The procedure of type approval of a measuring instrument is laid down by the Ministry in a decree. The minimum number of samples of the measuring instrument needed for the type approval of the measuring instrument, to be provided by the manufacturer free of charge,  is fixed by the Czech Metrology Institute.

(3)   On the basis of technical tests and other examinations the Czech Metrology Institute issues a certificate confirming the approval of the measuring instrument type and assigns a type approval mark which the manufacturer shall affix to the measuring instrument, if so laid down by the Ministry in a decree. The particulars of the type approval certificate for a measuring instrument and the graphic appearance of the type approval mark  are laid down in that decree. The validity of the type approval certificate for the measuring instrument expires after ten years since the date of its issue. On request of the manufacturer or importer the Czech Metrology Institute may extend this period for another ten years; the number of measuring instruments which may be manufactured in accordance with the approved type is not  limited.

(4)   Where the economical aspects of the approval or its technical feasibility is not  adequate to the importance of the given measuring instrument approval, the Czech Metrology Institute may inform the manufacturer that the type in question is not subject to type approval.

(5)   The validity of a type approval certificate  is suspended if, due to a change in the design of the measuring instrument, in the material used or in the manufacturing technology, the characteristics decisive for its approval have been affected. The manufacturer of the measuring instrument of the approved type is obliged to inform the Czech Metrology Institute of such changes  beforehand. The Czech Metrology Institute approving the measuring instrument type l then decides whether it is necessary to carry out a new type approval or whether the original type approval  is still valid. The Czech Metrology Institute may suspend or  repeal the validity of a type approval certificate if the manufactured measuring instruments do not conform to the approved type.

(6)   The Czech Metrology Institute shall repeal the type approval certificate if  the measuring instrument in service which corresponds to the approved type exhibits defects of general nature which make it unfit for its intended use.

(7)   Measuring instruments of an unapproved type,  if the type is subject to approval, cannot be put into circulation.

(8)   The Czech Metrology Institute  is entitled to check at the manufacturer that measuring instruments are manufactured in conformity with the approved types.

(9)   The Czech Metrology Institute may lay down in the type approval certificate a limitation to the extent laid down by the Ministry in a decree.

Article 7

Type approval of imported measuring instruments

(1)   Newly imported types of legal measuring instruments shall be subject to mandatory type approval. Other newly imported types of measuring instruments, with the exception of reference materials, may be approved according to this Act on request. The provisions of Article 6 apply analogically to approval of imported measuring instruments, except as otherwise stated below.

(2)   The application for type approval of an imported measuring instrument is submitted by the importing person (hereinafter referred to as “importer”) to the Czech Metrology Institute, unless the type has been already approved before  realisation of its import  on request of the foreign manufacturer. If it is not possible or economical to submit samples, the importer must allow the Czech Metrology Institute to examine the conditions decisive for the measuring instrument type approval in other way sufficient for the purpose of the type approval.

(3)   Where a measuring instruments was manufactured and put into circulation in a Member State of the European Union or of the European Economic Area or in a State with which an international agreement on recognition binding the Czech Republic has been concluded, in accordance with relevant regulation of that state and that instrument is subject to type approval requirement in the Czech Republic, the results of metrological findings effectuated in that state shall be recognized, provided that they guarantee the metrological level required by legal regulation in the Czech Republic and these results are available to the Czech Metrology Institute.

(4) Measuring instruments under paragraph 3 shall be considered as instruments the type of which was approved in accordance with this Act.

Article 8

Certification of reference materials

(1)   Certified reference materials are materials the composition or characteristics of which have been certified by the Czech Metrology Institute or an authorized metrological centre.

(2)   Certification of a reference material confirms that the value of one or several characteristics of the material or substance by means of a procedure ensuring the correct traceability to a unit realisation whereby the values of the characteristics stated in the certificate are expressed. The particulars of the certificate  are laid down by the Ministry in a decree.

(3)   When certifying a reference material, a certificate  is issued. The certificate states one or several values of characteristics together with their uncertainties and confirms that the specified procedures for confirmation of the characteristics and traceability have been observed.

(4)   For verification of legal measuring instruments or calibration of main standards the certified reference materials shall be used. Where due to technical reasons the certified reference materials cannot be used other reference materials may be used.

(5)   The particulars of the procedure of preparation and certification of a certified reference material shall be laid down by the Ministry in a decree.

(6)   Manufacturers and importers who put the certified reference material and other reference materials into circulation must specify their metrological characteristics  in the documentation.

PART III

VERIFICATION AND CALIBRATION OF MEASURING INSTRUMENTS

Article 9

Verification and calibration

(1)   The purpose of verification of a legal measuring instrument is to confirm that the legal measuring instrument has the required metrological characteristics. The procedure of verification of legal measuring instruments  is laid down by the Ministry in a decree.

(2)   The Czech Metrology Institute or the authorized metrological centre shall affix the official mark to the verified measuring instrument or issue a certificate of verification or shall use the two methods. The graphic appearance of the official mark and particulars of the certificate of verification are laid down by the Ministry in a decree.

(3)   Damaging or altering of valid official marks is prohibited.

(4)   When calibrating a working measuring instrument, its metrological characteristics are compared usually with a standard or, where no standard is available, a certified reference material or other reference material may be used provided that the principles of traceability of the measuring instruments have been observed.

(5) Where a measuring instruments was manufactured and put into circulation in a Member State of the European Union or of the European Economic Area or in a State with which an international agreement on recognition binding the Czech Republic has been concluded, in accordance with relevant regulation of that state and that instrument is subject to primary verification requirement in the Czech Republic, the results of metrological findings effectuated in that state shall be recognized, provided that they guarantee the metrological level required by legal regulation in the Czech Republic and these results are available to the Czech Metrology Institute.

(6) Measuring instruments under paragraph 5 shall be considered as instruments the primary verification of which was approved in accordance with this Act.

Article 9a

Prepackaged goods marked with symbol ‘e’ and bottles used as measuring containers for prepackaged goods

(1)   For the purposes of this Act, prepackaged goods marked with symbol ‘e’ are goods intended for sale and placed in a package without the presence of a consumer whereas the quantity of the goods contained in the package, in particular the volume or weight, has a predetermined value and cannot be altered without the package being opened or undergoing a perceptible damage.

(2)   The packers or importers of prepackaged goods are authorized to put the goods marked with symbol “e” into circulation 2) if:

a)    they dispose of a system of control of accuracy ensuring fulfilment of requirements laid down in a decree including conclusive records of the frequency and results of the measurement, they inform the Czech Metrology Institute, in written, on putting the prepackaged goods marked “e” into circulation, and pass, at the same time, to the Czech Metrology Institute, the documentation showing the production control procedures of the quantity of goods in the package.

b)    the value of the nominal content and the ranges of nominal quantities of the content of prepackaged goods have been observed, in cases laid down in a decree,

c)    the tolerable errors in the contents of prepackaged goods specified in a decree have been observed,

d)    the packages of prepackaged goods bear the indications specified in a decree.

(3)   Metrological control of the prepackaged goods marked with symbol „e” in order to ascertain whether the conditions specified in paragraph (2) have been fulfilled, shall be performed by the Czech Metrology Institute; it will issue, when the requirements have been fulfilled, a certificate the particulars of which are laid down in a decree of the Ministry, in the case of repeated controls it will issue a protocol confirming validity of the certificate. The Czech Metrology Institute is entitled to take, on payment, necessary samples from the packers or importers of prepackaged goods. Compensation in money for the samples taken shall be made in the selling price of the prepackaged goods. No compensation shall be made if the packer or importer has waived the claim. The claim for compensation shall not arise if the prepackaged goods or bottles fail to comply with the requirements laid down in a decree.

(4) Manufacturers of bottles used as measuring containers for prepackaged goods (hereinafter referred to as “bottles”) are authorized to mark the bottles with symbol “3” if:

a) they possess a certificate on metrological control issued by the Czech Metrological Institute, with exception of the cases set out in Article 12 (1); the way and methods of the metrological control shall be laid down in a decree of the Ministry,

b) the tolerable errors of the volume of bottles have been observed,

c) they affix on the bottles  the identification marking laid down in a decree of the Ministry.

(5) Metrological control of the bottles to ascertain whether the conditions specified in paragraph (4) have been fulfilled shall be performed by the Czech Metrology Instiute.

Article 10

Putting the measuring instruments into circulation

(1)   Before the legal measuring instruments are put into circulation, their manufacturer and, after repair of those instruments, the repairer  are obliged to ensure their initial verification. Before a certified reference material is put into circulation, its manufacturer  is obliged to submit the reference material for certification.

(2)   The initial verification of imported legal measuring instruments  and the certification of imported reference materials intended for certified reference materials shall be ensured by their user, if this has not been ensured already by the importer or foreign manufacturer.

Article 11

Use of measuring instruments

(1)   The legal measuring instruments can be used for the given purpose only within the validity period of their verification. These measuring instruments are not  subject to a new verification if they have  evidently ceased to be used for purposes for which they were declared as legal measuring instruments.

(2)   The Czech Metrology Institute  is entitled to check at the users whether the obligation to submit legal measuring instruments for verification is met. Where it is found that a legal measuring instrument has been used without a valid verification, it shall seal the measuring instrument or invalidate the official mark.

(3)   A certain group of measuring instruments can be made subject to mandatory verification also by other legal regulations.

(4)   In the case of measuring instruments, being used under circumstances where incorrect measurement could seriously harm  interests of persons, the injured party is entitled to demand their verification or calibration and issuance of an attestation on the result.

(5)   The uniformity and accuracy of working measuring instruments  is ensured to the necessary extent by their user by means of calibration, unless another way or method more suitable for the given measuring instrument exists.

PART IV

RELATIONS WITH FOREIGN COUNTRIES

Article 12

(1)   Certificate, having form of a document or a foreign mark, on verification, approval or certification of a measuring instrument, its type or a reference material issued by an international organization or an authority of another state or a foreign document on metrological control of the prepacked goods or bottles is recognized as an evidence of verification or approval or of metrological control of the prepackaged goods or bottles carried out in accordance with this Act if this arises from an international agreement binding the Czech Republic.

 (2)  Provisions of this Act shall be applied only if an international agreement binding the Czech Republic does not provide otherwise. The Ministry shall determine, in a decree, the principles ensuring uniformity and accuracy of measuring instruments and measurements as it arises from international commitments binding the Czech Republic.

PART V

OBLIGATIONS OF STATE ADMINISTRATION AUTHORITIES AND SUBJECTS

Article 13

Czech Office for Standards, Metrology and Testing

(1)   In the field of metrology the Office:

a)    establishes the programme of state metrology and ensures its implementation;

b)    represents the Czech Republic in international metrological bodies and organizations, ensures the fulfilment of obligations arising from such membership and coordinates the participation of bodies and organizations in fulfilment of the obligations arising from international agreements;

c)    authorizes subjects for activities in the field of state metrological control of measuring instruments and legal measurements, entrusts authorized subjects with maintenance of national standards, appoints the calibration service centres and inspects the fulfilment of imposed obligations of all these subjects; it may withdraw the authorization if insufficiencies in compliance with the imposed obligations have been  found out.

d)    gives agreement with traceability of main standards to standards of foreign  subjects having comparable metrological level;

e)    inspects the activities of the Czech Metrology Institute;

f)     inspects observance of the obligations provided for in this Act; in exercising the inspection it proceeds according to a special legal regulation2a);

g)    provides expertises in metrology, issues certificates of professional competency of metrological personnel and lays down conditions in order to ensure uniform practice of subjects entrusted with maintenance of national standards, authorized metrological centres, calibration service centres and subjects authorized for performance of official expert measurements;

h)    publishes in the Journal of the Office, in particular, subjects entrusted with maintenance of national standards, authorized metrological centres, subjects authorized for official expert measurement, calibration service centres, national standards, lists of certified reference materials and approved types of measuring instruments;

i)     fulfils tasks in accordance with special regulations.

(2)   The Office keeps the bodies of the European Communities or the competent authorities of states, with which international agreements have been concluded and within the scope resulting from those agreements, informed of subjects which have been authorized for type approval of measuring instruments and verification of measuring instruments.

Article 14

Czech Metrology Institute

(1)   The Czech Metrology Institute carries out metrological research and maintenance of national standards, including the transfer of values of units of measurement to measuring instruments of lower accuracy, certifies the reference materials, carries out the state metrological control of measuring instruments, registers subjects who manufacture, repair or install the legal measuring instruments, carries out the state metrological supervision of authorized metrological centres, calibration service centres, subjects authorized for legal measurement, subjects who manufacture, repair or install the legal measuring instruments at the users of measuring instruments, carries out the metrological control of prepackaged goods and bottles and provides expert services in the field of metrology.

(2)   The Czech Metrology Institute may permit:

a)    preliminary manufacture of a measuring instrument before its type approval,

b)    short-term use of a legal measuring instrument within a limited period of time between completion of its repair and its verification.

(3) The Czech Metrology Institute keeps the bodies of the European
 Communities or the competent authorities of countries with which international 
 agreements have been concluded, within the scope resulting from those
 agreements, informed of issuance, amendments, withdrawal or limitation of
 certificates relating to the approval of measuring instruments.

Article 14a

State Office for Nuclear Safety

The State Office for Nuclear Safety carries out, at the users of measuring instruments who are holders of permission under a special legal regulation2d), in the framework of state supervision of the radiation protection and accident preparedness, the check-up of fulfilment of obligations laid down in this Act with respect to the measuring instruments intended or used for measuring ionisation radiation and radioactive substances.

Article 15

/deleted/

Article 16

Authorized metrological centres

(1)   Authorized metrological centres are the subjects who have been authorized, on the basis of their application, by the Office for verification of legal measuring instruments or certification of reference materials after inspection of the quality of their metrological and technical equipment carried out by the Czech Metrology Institute as well as after examination of the qualification of their responsible personnel attested by a certificate of competency issued by an accredited person2b). or an attestation of professional competency issued by the Office. For the purposes of authorization, the findings obtained during the accreditation process may be used. The particulars of the application for authorization and the conditions of authorization  are laid down by the Ministry in a decree. There is no legal claim for getting such an authorization. If an authorized subject fails to comply with the obligations laid down in the Act or with conditions set down in the decision on authorization, or  on its request, the Office suspends, amends or withdraws the decision on authorization.

(2)   The Office assigns to an authorized metrological centre an official mark for certifying the verification of the measuring instrument or, where applicable, withdraws it. In its decisions and certificates the authorized metrological centre is obliged to present its name and add its stamp-print to the signature.

(3)   Other subjects than those which have been authorized for this activity are not entitled to use the name authorized metrological centre, neither as a part of their name.

Article 17

Competency of the Czech Metrology Institute personnel

When carrying out the tasks provided for by this Act, the personnel of the Czech Metrology Institute are entitled to enter the premises of inspected subjects, to obtain the necessary information, documents and data and to have ensured the necessary conditions for performance of the above duties. They must observe the top, trade and professional secrets as well as to observe special legal regulations for the entry to individual premises. The personnel of the Czech Metrology Institute shall prove their identity by a special card or by an authorization issued by the Office. The inspected subjects must enable the personnel of the Czech Metrology Institute to fulfil their tasks and provide them the necessary cooperation.

Article 18

Obligations of subjects

The subjects shall:

a)    keep records of the used legal measuring instruments which are subject to subsequent verification including the date of the last verification, and submit these measuring instruments for verification;

b)    ensure the uniformity and accuracy of measuring instruments and measurements and have to create, adequately to their metrological activities, prerequisites for health protection of the personnel,  safety at work and environmental protection.

Article 19

Registration of subjects

Subjects who manufacture, repair or install  legal measuring instruments are obliged to submit an application for registration to the Czech Metrology Institute. If the applicant has the necessary prerequisites for performance of the relevant activity, as specified in a decree, the Czech Metrology Institute shall carry out the registration and issue a certificate thereof. .The particulars of the application for registration and of the certificate on registration are laid down by the Ministry in a decree. The Czech Metrology Institute shall revoke the registration if the reasons for which it has been carried out do not exist any more. The subject is obliged to notify the ultimate termination of the registered activity to the Czech Metrology Institute.

Article 20

Calibration service centres

The Office may authorize a subject, on its request, as a calibration service centre for calibration of measuring instruments for other subjects and assign to that subject a calibration mark. The graphic appearance of the calibration mark is laid down by the Ministry in a decree. The Office shall grant the authorization if the applicant proves the qualification for calibration of measuring instruments by a special certificate issued in accordance with a special legal regulation2c).

Article 21

Official expert measurement

In the cases deserving special consideration the Office may authorize a subject, on its request, to carry out official expert measurements in a specified field of measurement after having verified the level of its technical and metrological equipment. The prerequisites for this operation are using of measuring instruments where the metrological traceability is ensured, a certificate on professional competency of the official measurement expert issued by an accredited person^2b), or attestation of professional competency issued by the Office and the supervision carried out by the Czech Metrology Institute. Official expert measurement means a metrological operation the results of which are contained in a document issued by the authorized subject and having character of a public document the particulars of which are determined in a decree of the Ministry. If an authorized subject fails to comply with obligations laid down in the Act or with conditions set down in the decision on authorization, the Office shall suspend, amend or withdraw the authorization. The particulars of the application for authorization and the conditions for authorization are laid down by the Ministry in a decree.

PART VI

PAYMENTS AND PENALTIES

Article 22

Payments

Metrological operations are provided for payment, unless the regulations on administrative charges lay down assessment of a fee.

Article 23

Penalties imposed on subjects

(1)   The Office may impose a penalty up to 1 000 000 CZK on a subject who:

a)    has put into circulation a measuring instrument the type of which has not been approved, although it should have been, or a measuring instrument which lacks the characteristics of the approved type or which has not been verified, although it should have been;

b)    has used a legal measuring instrument without a valid verification for the purpose for which the given type of measuring instrument has been declared as specified;

c)    has wrongly used, altered or damaged the official or the calibration mark of a measuring instrument;

d)    has verified a legal measuring instrument or carried out a legal measurement without authorization, or manufactured or repaired or carried out assembly of a measuring instrument without registration prescribed by this Act;

e)    has failed to provide the personnel of the Czech Metrology Institute with the cooperation set  down by law;

f)     has failed to meet the obligations laid down in Article 18;

g)    has affixed an invalid certificate to a certified reference material;

h)    has put into circulation prepackaged goods marked with symbol ‘e’ in contradiction with obligations laid down in Article 9a or marked the bottles with symbol “3” in contradiction with obligations laid down in Article 9a.

(2)   The State Office for Nuclear Safety, when carrying out procedures under this Act, may impose a penalty up to 1 000 000 CZK to the user of a measuring instrument who is holder of permission under a special legal regulation^2d) and who

a) has used a legal measuring instrument without a valid verification for the purpose for which the given type of measuring instrument has been declared as specified,

b) has failed to meet the obligations laid down in Article 18 letter a).

(3)   When imposing the penalties, account shall be taken, in particular, of the seriousness, manner, duration and consequences of the infringement.

(4)   The proceedings on imposition of a penalty can be instituted within one year from the date on which the Office found out about the breach of an obligation referred to in paragraph 1, but not later than two years from the date on which the breach of the obligation occurs. The penalty may not be imposed after elapsing of three years from the breach of an obligation.

(5)   A penalty is payable within 30 days from the date on which the decision on imposing the fine has become legally effective.

(6)   The Office sends legitimate decisions on imposed penalties to the competent financial authority. The yield from penalties  is transferred to the national budget.

PART VII

COMMON AND FINAL PROVISIONS

Article 24

Proceedings

(1)   The decision-making under this Act is subject to general regulations on administrative procedure, except as otherwise stated in this Act. As regards the type approval of a measuring instrument or certification of a reference material, instead of an administrative decision, a certificate shall be issued, and as regards the verification of a legal measuring instrument, instead of an administrative decision, a verification document shall be issued or an official mark shall be affixed to a measuring instrument. As regards the metrological control of prepackaged goods, instead of an administrative decision, a certificate  is issued. Where, on the basis of a test, a certificate or a verification certificate has not been issued or an official mark has not been affixed to a measuring instrument or a certificate on the metrological control of prepackaged goods has not been issued, a decision on refusal in administrative procedure shall be rendered.

(2)   The Czech Metrology Institute and authorized metrological centres are obliged to carry out the metrological operations within the periods set out in Article 25. The Czech Metrology Institute and authorized metrological centres  are entitled to suspend the procedure if the participant of the procedure fails to provide the necessary cooperation.

(3)   Decisions on remedies against the decisions of the Czech Metrology Institute and authorized metrological centres  are taken by the Office. Appeals against these decisions have no deferring effect. Remedies against the decisions of the Office have a deferring effect.

(4)   Decisions on registration of subjects under Article 19 can be reviewed by a regional court in accordance with special regulations3). The motion for a review can be brought before the regional court only after exhaustion of regular remedies in administrative proceeding4).

Article 24a

A measuring instrument must not bear marks and indications which, as to their meaning and form, are likely to lead to confusion with official marks referred to in Articles 7 and 9.

Article 24b

Provisions of this Act relating to type approval and original verification shall not apply if a special legal regulation 5) provides otherwise

Article 25

Time-limits for operations of the state metrological control

(1)   A type approval of a measuring instrument or its refusal shall be effected not later than 90 days from the date of delivery of samples of the measuring instrument, in the case of operation carried out at the manufacturer from the date of the first action of the Czech Metrology Institute. For other operations of the Czech Metrology Institute and authorized metrological centres the time-limit shall be 60 days from the date of delivery of the measuring instrument or the relevant document, where applicable.

(2)   If the Czech Metrology Institute or an authorized metrological centre cannot reach a decision within the prescribed time-limit, it is obliged to inform the participant of the proceeding thereof giving the reasons and to set for the given operation an alternative time-limit.

(3)   The Czech Metrology Institute or an authorized metrological centre may agree with the participant of the proceeding on other time-limit than prescribed.

Article 26

Transitional provision

(1)   The proceedings on matters of the state metrology commenced before the date of entry into force of this Act shall be completed in accordance with existing regulations.

(2)   Time-limits for periodical verification of measuring instruments prescribed in accordance with hitherto existing regulations shall remain in force till the first verification of a measuring instrument under this Act; from the time of this verification the time-limits prescribed in this Act shall begin to run. If an organization uses a measuring instrument which has been newly classified as a legal measuring instrument, it must apply for its verification within 90 day at the latest from the date of its classification. The measuring instrument may be preliminarily used till the completion of the verification procedure.

(3)   Authorization of organizations for  performance of verification of measuring instruments or for other metrological activities granted according to hitherto existing regulations remains in force till their replacement by authorization acts issued according to this Act, unless they are withdrawn, but not later than one year from the date of entry into force of this Act.

Article 27

Empowering provision

The Ministry of Industry and Trade shall issue decrees on implementation of Article 2 (1), Article 3 (3), Article 6 (1) to (3) and (9), Article 7 (3), Article 8 (2) and (5), Article 9 (1) to (3), 9a (2) to (4), Article 12 (3), Article 16, Articles 19 to 21.

Article 28

Repealing provisions

The following are hereby repealed:

1.    Act No. 85/1866 Imp. C. on public institutes for weights and measures.

2.    Regulation No. 126/1876 Imp. C. of the Ministry of Trade issuing a rule for implementation of the Act No. 85/1866 Imp. C. on public institutes for weights and measures.

3.    Act No. 35/1962 Coll. on the measurement service, as amended by Act No. 57/1975 Coll.

4.    Decree No. 61/1963 Coll. of the Office for Standards and Measurement on ensuring the accuracy of measuring instruments and measurement, as amended by Decree No. 102/1967 Coll. of the Office for Standards and Measurement.

5.    Decree No. 33/1964 Coll. of the Office for Standards and Measurement on Czechoslovak analytical standards, as amended by Decree No. 26/1983 Coll. of the Office for Standards and Measurement.

6.    Ruling ref. 922/79/15-Jn/Šn of the Office for Standards and Measurement of 1 November 1979 on national and corporate verification marks for measuring instruments, published in Part No. 26/1979 Coll.

7.    Ruling No. 902/1981 of the Office for Standards and Measurement of 28 October 1981 on the national mark of measuring instrument type approval for measuring instrument type verification of measuring instruments or for approval of measuring instrument samples, published in Part No. 34/1981 Coll.

8.    Decree No. 93/1988 Coll. of the Office for Standards and Measurement on legal measuring instruments.

 

Article II (Act. No. 119/2000 Coll.)

Transitional provisions

(1)   Authorization documents issued according to hitherto existing regulations shall remain in force till their replacement by authorization acts issued according to this Act, unless they are withdrawn, but not later than one year from the date of entry into force of this Act.

(2)   If a decision on type approval of a measuring instrument rendered before the date of entry into force of this Act does not provide for the period of validity, the decision shall become ineffective 10 years from the date of entry into force of this Act.

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