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.