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The Czech Republic
Czech Republic
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General philosophy about legal metrology
in the Czech
Republic
Legal metrology in the Czech Republic:
- setting up
legal requirements
- control/ conformity assessment of regulated products and regulated activities
- supervision of regulated products and of regulated activities
- providing the necessary infrastructure for the traceability of regulated measurements and measuring instruments
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Legal Metrology in the Czech Republic
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Overview of Legal Regulations concerning
Measuring Instruments in
EU and in CR
Act No. 22/1997 Coll., on Technical
requirements for Products
Act No. 90/2016 Coll., on Conformity Assessment in the placing products on the market
Government Order No. 326/2002 (now 121/2016) Coll., that lays down technical requirements for non-automatic weighing instruments
Government Order No. 464/2005 (now 120/2016) Coll., that lays down technical requirements for measuring instruments
Act No. 505/1990 Coll., on Metrology
Implementing regulations to the Act No. 505/1990 Coll. (Decrees of MIT)
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Relation Act no. 505/1990 Coll. and Act no.
90/2016
and Act no. 22/1997 Coll.
Measuring instruments which are
covered by
MID, NAWID and MDD
a) placing on the market and putting into using
- Act no. 22/1997 Coll., on Technical requirements on products and transposition government orders
- Act No. 90/2016 Coll., on conformity assessment
b) regulation after putting into using (if it is determined)
- Act no. 505/1990 Coll., on metrology
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Measuring instruments which are not covered by
MID,
NAWID and MDD (under national regulation)
a) placing on the
market and into using – Act no. 505/1990 Coll., on metrology (national regulation) including of recognition clause
b) putting into using (if it is determined) – Act. No. 505/1990 Coll., on metrology
Relation Act no. 505/1990 Coll. and Act no. 90/2016
and Act no. 22/1997 Coll.
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Act No. 90/2016 Coll.,
on Conformity Assessment in
the placing products on
the market
- general principles for
placing products on the market and to use
- way of specification products for conformity assessment and technical requirements, which will have to fill
- conformity assessment
- state administration performance in state testing and market surveillance
- rights and obligations of persons authorized to carry out activities under this Act that are related to state testing
- obligation to provide information related to the supply of products, conformity assessment and market surveillance
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Act No. 505/1990 Coll.,
on Metrology, as later
amended
- Decree No. 262/2000 Coll., ensuring the uniformity and
accuracy of measuring instruments and measurement, as later amended
- Decree No. 264/2000 Coll., on basic units of measurement and other units and their indications
- Decree No. 332/2000 Coll., that lays down some procedures for type approval and verification of specified measuring instruments bearing EEC mark, as amended by Decree No. 260/2003 Coll.
- Decree No. 345/2002 Coll., setting down measuring instruments to legal control (obligatory verification and pattern approval), as amended by Decree No. 65/2006 Coll.
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Placing measuring instruments on the Czech market
1. Harmonised
area
- „Old Approach“ Directives
- „New Approach“ Directives
2. Non-harmonised area
Principle of mutual recognition
„National approach“ (Act No. 505/1990 Coll.)
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HARMONISED AREA
Free movement goods
Free movement persons
Free movement capital
Free
movement services
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Free movement goods means that goods produced in
any EU member state and goods from the third
countries are imported to interior EU market without any customs and other quantitative limitations.
Process of reach full conformity with the technical regulations, standards and procedures within conformity assessment products which are used in EU was a part of fulfilling the obligations of the Czech Republic resulting from European Association Agreement as well as from the Protocol about conformity assessment and acceptance of industrial products in this agreement (PECA). Trade with EU members was gradually facilitated.
Free movement of goods (MID)
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Main aspects of Measuring Instrument Directive (MID)
- Removing
technical barrier of trade (free moving goods)
- Recognition –
strengthening confidence between member states
- Technical harmonisation (Harmonised European Standard,
Normative Documents, e.g. drawn up by OIML (published in the Official Journal of the European Union, C series)
Free trade - removing obstacles and difficulties related to the free trade of measuring instruments between the European Community and the Czech Republic
Product conformity – ensuring reproducibility, durability, reliability and suitability for using
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Measuring Instruments regulated by MID
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Measuring Instruments regulated by MID
- water
meters (MI-001)
- gas meters and volume conversion devices
(MI-002)
- active electrical energy meters (MI-003)
- heat meters (MI-004)
- measuring systems for the continuous and dynamic measurement of quantities of liquids other than water (MI-005)
- automatic weighing instruments (MI-006)
- taximeters (MI-007)
- material measures (MI-008)
- dimensional measuring instruments (MI-009)
- exhaust gas analysers (MI-010)
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Share of measuring instruments within the market
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Regulation MI in EU and the Czech Republic
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Structure of MID
Articles, regulating the procedures: definitions, implementation,
obligations, regulations
Necessary technical documentation (Article 10)
Criteria to be satisfied
by bodies designated by the member states (Article 12)
Horizontal Essential Requirements (Annex I)
Conformity assessment procedures (Annexes A - H1)
Instrument specific essential requirements (Annexes MI-001 to MI-010)
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MID Transposition to the Legal System of CR
MID
MID
Articles
1 - 27
Act No. 22/1997 Coll.
Act
No. 90/2016 Coll.
Act No. 505/1990 Coll.
Annexes 1 - 14 of Government Order
No. 120/2016 Coll.
National Transposition
Government Order No. 121/2016 Coll.
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„CE“ Marking
-
Number of Notified entity
Conformity marking
Supplementary metrology marking
(M
+ the last two digits of the year of
its affixing, surrounded by a rectangle.
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Positive aspects
- Complete set of objectives and instrument
requirements
- Mutual recognition of results
- Coherent and expanded set
of conformity assessment procedures
- Recognition of OIML documents
- Flexibility of control for member state
- Influence on technological innovation
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Negative aspects
- Knowledge deficit
- Loss of direct contact
with manufacturers and suppliers
- Information exchange between Member States
(already the problem with Old Approach Directives and NAWI)
- Cooperation between market surveillance bodies
- Updating of pre-MID type approvals
- The problem of sub-assemblies
- Not existing harmonised standards
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NON - HARMONISED AREA
Non-Harmonized the area is based
on requirements and needs of the ministries, while it
is taken into account the similar purpose of measuring instruments used in EU directives, i.e. (that is) use of reason protection of the public interest, protection of the environment, protection consumers and honest trading and collecting taxes and fees.
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Principal of Mutual Recognition
- guarantees free movement of
goods and services without the need to harmonise Member
State‘s national legislation
- goods which are lawfully produced in one Member State cannot be banned from sale on the territory of another Member State, even if they are produced to technical or quality specifications different from those applied to its own products
- the only exception allowed - overriding general interest such as health, consumer or environment protection- is subject to strict conditions
- all relevant information needed in situations where the principle of mutual recognition is to be applied:
Commission Interpretative communication
http://www.unmz.cz/cz/info_misto_MPO/c2003-3944_en.pdf
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Verifications, Pattern Approval
- Decree No. 345/2002 Coll., setting
down measuring instruments to legal control (obligatory verification and
pattern approval), as amended by Decree No. 65/2006 Coll.
List of legally controlled measuring instruments (8 fields of measurement)
1. Measuring instruments for measurement of geometrical quantities
2. Measuring instruments for measurement of mechanical quantities
3. Measuring instruments for measurement of thermal-technical quantities
4. Measuring instruments for measurement of electrical and magnetic quantities
5. Measuring instruments for measurement of optical quantities
6. Measuring instruments for measurement of time, frequency, and acoustic quantities
7. Measuring instruments for measurement of physical and chemical quantities
8. Atomic and nuclear physic measuring instruments
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Useful links
Czech Office for Standards, Metrology and Testing
http://www.unmz.cz
Czech
Metrology Institute
http://www.cmi.cz