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Legal frame of metrology

WORKING CONSOLIDATED TEXT

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.,

Act No. 226/2003 Coll., Act No. 444/2005 Coll., Act No. 481/2008 Coll., Act. No. 223/2009

Coll., Act No. 155/2010 Coll. and Act No. 18/2012 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

(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 in a

decree, as well as other units, their symbols, definitions, multiples and submultiples specified

in 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 have a function of 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.

(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 fall 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 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 standard

has 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 calibration. The calibration of main standards is carried

out by the Czech Metrology Institute or accredited calibration laboratories and foreign

subjects which guarantee a comparable metrological level 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 way of traceability of working measuring instruments shall be established by the

user of measuring instrument. The calibration of working measuring instruments may be

established by the users themselves by means of their main standards or at other domestic or

foreign subjects having the main standards of a measured quantity traceable in accordance

with paragraph 5.

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 a general measure. 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 prescribed 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 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.

(10) Measuring instruments already in use and newly introduced in category of legal

measuring instruments are not subject to type approval.

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 prior to undertaking 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 or 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. This requirement shall be

considered to be fulfilled if the measuring instrument meets the requirements laid down in a

general measure. 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 a combination of 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) The conformity marking and security marking of manufacturer affixed to a legal

measuring instrument which has been placed on the market in accordance with a special

regulation5) shall be also considered as the official mark.

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

(5) 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.

(6) 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.

(7) Measuring instruments under paragraph 6 shall be considered as instruments the

primary verification of which was approved in accordance with this Act.

Article 9a

Prepackaged goods and bottles used as measuring containers for prepackaged goods

(1) For the purposes of this Act, the prepackaged goods means product/package

combination in which is a product prepacked. A product is prepacked when it is placed in a

package of whatever nature without the purchaser being present and the quantity of product in

the package, expressed as volume or weight, has a predetermined value which cannot be

altered without the package either being opened or undergoing a perceptible modification.

(2) The Ministry may lay down in a decree nominal volumes or weights of prepacked

goods which can be placed on the market only at these nominal volumes or weights.

(3) Packers of prepackaged goods are authorized to place on the market the goods marked

with symbol “e” 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 informed the Czech Metrology Institute, in written, on placing on the

market the prepackaged goods marked with symbol “e” and passed, at the same time, to the

Czech Metrology Institute the documentation containing the production control procedures of

the quantity of goods in the package;

b) the tolerable errors in the contents of prepackaged goods specified in a decree have

been observed;

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

(4) Importers are entitled to place on the market the prepacked goods marked with symbol

“e“ provided that they have submitted to the Czech Metrology Institute the evidence that the

foreign packer fulfils requirements laid down in paragraph 3.

(5) 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. (6)

Manufacturers and importers of bottles used as measuring containers for prepackaged goods

(hereinafter referred to as “bottles”) are authorized to place on the market the bottles marked

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.

(7) Metrological control of the bottles marked with symbol “3“ to ascertain whether the

conditions specified in paragraph 6 have been fulfilled shall be performed by the Czech

Metrology Institute.

(8) The Czech Metrological Institute is entitled to compensate to packers or importers of

prepacked goods marked with symbol “3“ and to manufacturers or importers of bottles

marked with symbol “3“ collected samples required to make a metrological control. The

Czech Metrological Institute will pay for provided samples an amount equal to the selling

price. No compensation shall be granted when packer, manufacturer or importer renounce a

claim. No compensation shall be granted when the prepacked good marked with symbol “e“

or bottles marked with symbol „3“ do not fulfil the requirements laid down in a decree.

(9) Distributor is obliged to act in order to prevent from distributing of prepacked goods

or bottles marked with symbol “3“ which do not fulfil the requirements laid down in this Act

and implementing provisions relating to nominal volumes or weights and mandatory

information given on packages of prepacked goods marked with symbol “e“ and on bottles

marked with symbol “3“.

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 is obliged to ensure their initial verification

and in other cases its initial calibration. 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, the initial calibration

of imported standards 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 by which the

Czech Republic is bound.

(2) Provisions of this Act shall be applied only if an international agreement by which the

Czech Republic is bound 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 agreements by which the Czech Republic is

bound.

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 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) inspects the activities of the Czech Metrology Institute;

e) inspects observance of the obligations provided for in this Act; in exercising the

inspection it proceeds according to a special legal regulation2a);

f) 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

and subjects authorized for performance of official expert measurements;

g) 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, national standards, lists of certified reference materials and

approved types of measuring instruments;

h) fulfils tasks in accordance with special regulations.

(2) The Office keeps the bodies of the European Communities or the competent

authorities of countries, with which international agreements have been concluded and within

the scope resulting from those agreements, informed of subjects who have been authorized for

type approval of measuring instruments and verification of measuring instruments.

Article 14

Czech Metrology Institute

(1) The Czech Metrology Institute

a) carries out metrological research and maintenance of national standards, including the

transfer of values of units of measurement to measuring instruments of lower accuracy;

b) certifies the reference materials;

c) carries out the state metrological control of measuring instruments;

d) registers subjects who repair or carry out assembly of the legal measuring instruments

as appropriate;

e) carries out the state metrological supervision of authorized metrological centres,

subjects authorized for legal measurement, subjects who manufacture or repair the legal

measuring instruments or carry out assembly of the legal measuring instruments, as

appropriate, at the users of measuring instruments;

f) carries out research and development in the area of electronic communication and

cooperates across border in this area;

g) carries out the metrological control of prepackaged goods and bottles;

h) assesses the conformity and carries out testing of products following to the extent

determined by authorization or accreditation in accordance with legislation regulating the area

of technical requirements on products2b);

i) assesses the technical suitability of measuring instruments and technical instruments

for use in electronical communication;

j) issues general measures 2c) under paragraphs 24c and 24d;

k) provides professional expertises in the area of metrology.

(2) The Czech Metrology Institute may permit

a) preliminary manufacture of a measuring instrument before its type approval is granted;

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 on 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 title of 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

(1) Subjects who intend to repair legal measuring instruments or carry out assembly of

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.

(2) Registration according to paragraph 1 shall be acquired upon expiry of time-limit and

in the manner set out in Articles 28 to 34 of Act on free movement of services.

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 person2b), 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 without authorization according to Articles

14 or 16 or carried out a legal measurement without authorization according to Article 21, or

repaired or carried out, as appropriate, assembly of a measuring instrument without

registration according to Article 19 of 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 placed on the market or distributed the prepackaged goods marked with symbol

“e“ or bottles marked with symbol “3“ in contradiction with obligations laid down in Article

9a (3), (4), (6) or (9) or placed on the market or distributed prepacked goods in contradiction

with obligations laid down in Article 9a (2).

(2) The State Office for Nuclear Safety may according to the procedure in this Act impose

a penalty up to 1 000 000 CZK to the user of a measuring instrument who is a holder of

permission under a special legal regulation2d) 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 18a).

(3) When imposing the penalties, particular account shall be taken of the seriousness,

manner, duration and consequences of the infringement.

(4) The procedure for imposing 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 occurred. 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. 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 regulation5) provides otherwise

General measures

Article 24 c

General measures lay down metrological and technical requirements on legal measuring

instrument. General measures also lay down testing methods for type approval and

verification of legal measuring instrument.

Article 24 d

(1) The appropriate bodies to considerate a draft of general measure are state

administration authorities in the area of metrology 6).

(2) General measure shall take effect the fifteenth day following its publication unless the

Czech Metrological Institute provides the later date. The date of publication is given in the

heading of the general measure.

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 timelimit.

(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, and 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.

1) Act No. 50/1976 Coll., on Spatial Planning and Building Regulations (Building Code).

2) Article 2 o) of Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products and on

Amendment of Some Related Acts, as amended by Act No. 306/2000 Coll.

2a) Act No. 552/1991 Coll. on State Control, as later amended.

2b) Act No.22/1997 Coll. on Technical Requirements for Products and on Amendments to

Some Acts, as later amended.

2c) Part Six of Act No. 500/2004 Coll., Administrative Procedure Code.

2d) Act No. 18/1997 Coll., on Peaceful Utilisation of Nuclear Energy and Ionising Radiation

(the Atomic Act) and on Amendments and Alterations to Some Acts, as later amended.

2e) Article 14 of Act No. 22/1997 Coll., as amended by Act No. 71/2000 Coll.

3) Article 244 et seq. of the Civil Procedure Code.

4) Articles 53 to 61 of Act No. 71/1967 Coll. on Administrative Procedure (Code of

Administrative Procedure).

5) E.g. Government Order No. 326/2002 Coll., laying down Technical Requirements for

Non-automatic Weighing Instruments and Government Order No. 464/2005 Coll.

laying down Technical Requirements on Measuring Instruments.

6) Article 2 of Act No 20/1993 Coll., on the Organisation of the State Administration in

the Field of Standards, Metrology and Testing, as later amended.