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Poland

About Poland

Poland is a republic with an area of 312 685 sq. km and a population of 38.654 million. The capital city is Warszawa (Warsaw). The Head of State is the President. Legislative power rests with a two-chambered Parliament. The upper parliament chamber is the Senate, the lower one is the Sejm. The President, 100 senators and 460 members of the Sejm are directly elected. Poland has three-level administrative structure. As far as area is concerned the greatest of them are voivodships, which are subdivided into counties and communes. Poland is divided into 16 voivodships.

Administration of Measures

History in short
The origins of the Polish administration of measures can be traced to the early period of the Polish state. The earliest preserved written evidence dates back to the year 1136. In 1420 King Wladyslaw II Jagiello established a legal act known as "Statuty Krakowsko - Warckie" in order to unify the units of measures. The first parliamentary act codifying the law in the field of measures was "Ustawa na miary y wagi" of 1565.

The Central Office of Measures was established in 1919, immediately after the Polish State regained independence, as a continuator of the Office of Measures for the city of Warszawa, organized in 1916.

Structure
Administration of measures in Poland has three levels structure and consists of Central Office of Measures (GUM), 9 Regional and 58 Local Verification Offices.

The Central Office of Measures (GUM) is an institution of the state administration competent in matters of measurement and hallmarking. The President of the Central Office of Measure is a central organ of the state administration, appointed by the Prime Minister.

The scope of tasks of the President in the matters of measures includes:

  • establishing, maintaining and developing of the national measurement standards, stored and used in the office, and carrying out research and development work in this field,
  • informing, by way of a public notice, on the measurement standards complying with the requirements, specified for the national measurement standards,
  • ensuring, through comparisons, traceability of the national measurement standards to the international measurement standards or to the measurement standards in other countries,
  • ensuring dissemination of the values of the legal units of measurement from the national measurement standards to measuring instruments,
  • supervising operations of organisational entities and laboratories from outside the administration of measures, being in possession of the national measurement standards and making them available,
  • approval of measuring instruments types according to the results of carried out examinations and granting of type approval marks, by way of a decision, as well as withdrawing of the decisions on the type approval,
  • issuing of conformity certificates within the system of the International Organisation of Legal Metrology,
  • carrying out of the legal metrological control and recognizing the control carried out by the relevant foreign metrological institutions as equivalent to the legal metrological control in the Republic of Poland,
  • granting and withdrawing, by way of a decision, authorizations for initial or subsequent verification of particular categories of measuring instruments;
  • granting and withdrawing, by way of a decision, permissions to repair and install particular categories of measuring instruments,
  • issuing, refusing to issue and withdrawing, by way of a decision, permissions to conduct workshops in the field of installation, including activation, repair or checking for compliance with the requirements of the Commission's Regulation (EC) No 1360/2002 of digital tachographs, including their calibration,
  • supervising the entities in the scope of operations they are authorized to carry out,
  • representing the Republic of Poland in international and regional metrological organisations and co-operation with Polish and foreign institutions operating in the field of measures,
  • keeping the register of the approved types of measuring instruments,
  • editing and publishing the Official Journal of the Central Office of Measures,
  • informing the public and promoting metrological issues,
  • providing professional training courses in the field of measures,
  • preparing draft regulations to be issued by governmental administrative organs on the matters within the scope of the President's competence,
  • preparing opinions on the draft legal acts directed to the Office,
  • initiating legislative work in the field of measures,
  • initiating standardization work in the field of measures,
  • performing other tasks provided for in separate legal acts or entrusted by the Prime Minister.

Legal Acts

Regulations of the following legal acts refer to the activities of the administration of measures and the administration of hallmarking:

  • Act of Parliament of 11th of May 2001, Law on Measures (Journal of Laws of 2004, No. 243, item 2441 with further amendments),
  • Act of Parliament of 1rd of April 2011, Law on Hallmarking (Journal of Laws No. 92, item 529),
  • Act of Parliament of 30th August 2002 on System of Conformity Assessment (Journal of Laws of 2010, No. 138, item 935 with further amendments),
  • Act of Parliament of 7th May 2009 on Pre-packaged Goods (Journal of Laws of 2009, No. 91, item 740 with further amendments).

Scope of national metrological control

In Poland law regulation controls measuring instruments which are used in following areas: in protection of health, life and environment; in protection of safety and law and order; in protection of consumers' rights; in collecting fees, taxes and non-tax budget dues as well as in establishing discounts, penalties, remuneration and compensations, and in charging and establishing dues and services alike; in customs control; in trade.

In Poland, measuring instruments are subject to legal metrological control in the form of:

  • Type Approval - carried out by GUM only;
  • Initial Verification - carried out by Regional Verification Offices, Local Verification Offices or authorized third-party companies (certain kinds of measuring instruments only);
  • Subsequent Verification - carried out by Regional Verification Offices, Local Verification Offices or authorized third-party companies (certain kinds of measuring instruments only).

In general legal metrological control in Poland consists of three steps: type approval, initial verification and subsequent verification:

Type
Approval

Initial
Verification
Subsequent
Verification

 

Type Approval
The type approval of the measuring instrument is a decision of the President of the Central Office of Measures, which admits that measuring instruments of a given type complies with metrological requirements, specified in the relevant regulations.
In certain cases the President of the Central Office of Measures may recognize as equal to type approval and verification the corresponding controls of measuring instruments carried out by foreign metrological institutions upon having ascertained that the requirements are expected to comply with the requirements of the Polish law.
(This form of legal metrological control is not applicable for measuring instruments covered by MID and NAWI directives.)

Initial Verification
According to the Law on measures during initial verification there are following checks:

  • verification of compliance with approved type (construction, materials, metrological characteristics),
  • verification of markings and symbols,
  • verification of compliance with technical documentation if apply.

The initial verification is a mechanism used in Poland to ensure that measuring instruments comply with the approved type, required before putting into use or placing the instrument on the Polish market.
(This form of legal metrological control is not applicable for measuring instruments covered by MID and NAWI directives.)

Subsequent Verification (Reverification)
After certain of time period defined in the Regulation of the Minister of Economy of 7th January 2008 on legal metrological control of measuring instruments (Journal of Laws 2008, Number 5, item 29 with further amendments) subsequent verification is being conducted. Subsequent verification is also performed when a measuring instrument had been repaired or reinstalled.

Subsequent verification has its period of validity defined in law for every category of instrument. Subsequent verification can be performed every year like for some measuring instruments for liquids, every two or three years like for weighing instruments, every five or even ten years like for heat or gas meters.
During subsequent verification there are following checks:

  • verification if markings are present, verification if the instrument is not broken,
  • verification of metrological characteristics (MPE etc. ).

As a result of verification in case of positive result of inspection (for example testing whether measuring errors are within MPE prescribed in technical regulations) inspector leaves mark (sticker) or paper document (certificate) showing that instrument was positively verified. Result of verification allows to use the instrument for next period.

Measuring instruments subject to national metrological control
The list of measuring instruments subject to national metrological control are specified by the Regulation of the Minister of Economy of 27th December 2007 on types of measuring instruments subject to legal metrological control and scope of this control (Journal of Laws 2008, Number 3, item 13 with further amendments).

The groups of instruments subject to type approval are as follows:

  • Instruments for measuring volume:
    • fixed storage tanks for liquids other then water;
    • road measuring tankers;
    • metal barrels;

     

  • Instruments for measuring traffic parameters:
    • instruments for measuring the speed of vehicles in traffic: radar, laser and control speedometers;
    • record sheets for recording equipment in road transport – vehicle tachographs;
    • recording equipment in road transport – vehicle tachographs;

     

  • Instruments for measuring density:
    • oscillatory-type density meters for measuring liquid density within the range from 450 kg/m3 to 2,000 kg/m3;
    • instrument for measuring of the standard mass per storage volume of grain: usable 20 L, 1 L, ¼ L and standard 20 L;
    • glass areometers – alcoholometers and alcohol hydrometers;

     

  • Instruments for measuring pressure:
    • tyre pressure gauges for motor vehicles;

     

  • Instruments for measuring weight:
    • weighbridges for weighing vehicles in motion;

     

  • Instruments for measuring acoustic quantities:
    • sound level meters.

     

 

The groups of instruments subject to verification (initial, subsequent or both) are as follows:

  • Measuring instruments for electrical quantities:
    • active alternate current electrical energy meters*

     

  • Instruments for measurement of volume, flow and heat:
    • fixed storage tanks for liquids other then water
    • road measuring tankers;
    • metal barrels
    • gas meters* and gas volume conversion devices
    • water meters*
    • measuring systems for the continuous and dynamic measurement of quantities of liquids other than water*
    • heat meters (and their sub-assemblies)*

     

  • Length and area measuring instruments:
    • length measuring instruments for a textiles, wires, cables, materials tapes, strips and sheets
    • material measures of length
    • instruments for measuring the area of leathers*

     

  • Instruments for measuring traffic parameters:
    • instruments for measuring the speed of vehicles in traffic: radar, laser and control speedometers
    • electronic taxi meters*
    • recording equipment in road transport – vehicle tachographs

     

  • Measuring instruments for mass:
    • weights of classes of accuracy E1, E2, F1, F2, M1 with nominal mass from 1 mg to 50 kg and weights with classes of accuracy of M2 with nominal mass from 1 g to 50 kg
    • non-automatic weighing instruments*
    • automatic weighing instruments (automatic gravimetric filling instruments, continuous totalisers, discontinous totalisers, automatic catchweighers, rail-weighbridges)*
    • weighbridges for weighing vehicles in motion

     

  • Instruments for measuring density:
    • instrument for measuring of the standard mass per storage volume of grain: usable 20 L, 1 L i ¼ L and standard 20 L;
    • glass hydrometers - alcoholmeters, alcohol hydrometers and hydrometers for liquids other than water

     

  • Instruments for measure pressure:
    • tyre pressure gauges for motor vehicles

     

  • Measuring instruments for chemical and physical-chemical quantities:
    • exhaust gas analyzers*

     

* after conformity assessment only subsequent verification

Fees
Fees to be charged for the operations, carried out by the organs of the administration of measures, due to:

  • legal metrological control of measuring instruments (type approval and verification);
  • recognition of the respective controls carried out by relevant foreign metrological institutions as equivalent to the legal metrological control in the Republic of Poland,

are determined by the Regulation of the Minister responsible for the public budget after getting the opinion of President of the Central Office of Measures.

Metrological supervision and sanctions
Metrological supervision plays also an important role as a mechanism used to ensure that measuring instrument complies with the approved type.
On the territory of Poland surveillance officers check measuring instruments in:

  • shops and other places where products are sold for customers and price is given as a result of measurement,
  • filling stations,
  • taxis,
  • drugstores/pharmacies,
  • other areas under legal metrological control.

There are also other entities of public administration, in particular trade inspection, sanitary inspection or mining offices that, within the scope of their competence, are authorized to exert control of implementation of the provisions of Law on Measures.

Moreover, directors of Regional and heads of Local Verification Offices are responsible for supervision of packing of products and of measuring container bottles (MCBs). The surveillance officers perform reference tests in relation to actual quantity of prepackages and MCBs.

According to the Law on Measures the following offenses shall be liable to a fine:

  • express the values of physical quantities in units of measurement other than the legal units of measurement;
  • put measuring instruments that are subject to the legal metrological control on the market or puts into operation, uses or stores the same in a stand-by condition without required evidence of the control or failing to comply with the metrological requirements,
  • use measuring instruments in the fields, referred to in Law on Measures, not in compliance with the proper operating conditions,
  • carry out initial or subsequent verification of particular categories of measuring instruments without appropriate or authorizations,
  • use of the instrument without a valid verification mark and/or certificate;
  • purposefully impedes the organs of the administration of measures to perform their supervising tasks;

Every year the Supervision Department publishes the report showing how many instruments where checked, the percentage of good instruments, how many tickets were given, how many shops, pharmacies and other points were controlled. Similar report refers to prepackages and MCBs, it includes the information showing how many packers and lots of prepackages were controlled and the number of lots which do not meet the requirements.

Conformity Assessment
Directive 2009/23/EC (NAWI)
Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments repealing Directive 90/384/EEC (OJ L 122, 16.5.2009) has been adopted to the Polish law by the Act of Parliament of 30th August 2002 on System of Conformity Assessment (Journal of Laws of 2010, No. 138, item 935 with further amendments) and the Regulation of the Minister of Economy, Labour and Social Policy of 11th December 2003 on essential requirements for non-automatic weighting instrument subject to conformity assessment (Journal of Laws 2004, Number 4, item 23) and no specific requirements have been implemented as regards the gravity value.

Directive 2004/22/EC (MID)
Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments (OJ L 135, 30.4.2004) has been adopted to the Polish law by the Act of Parliament of 30th August 2002 on System of Conformity Assessment (Journal of Laws of 2010, No. 138, item 935 with further amendments) and the Regulation of the Minister of Economy of 18th December 2006 on essential requirements for measuring instruments (Journal of Laws 2007, Number 3, item 27 with further amendments).

"Old Approach" European Directives

  • Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (Recast) repealing Directive 71/316/EEC (OJ EU L 106, 28.4.2009),
  • Council Directive 71/317/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to 5 to 50 kilogramme medium accuracy rectangular bar weights and 1 to 10 kilogramme medium accuracy cylindrical weights (OJ EU L 202, 6.9.1971),
  • Council Directive 71/347/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain (OJ EU L 239, 25.10.1971),
  • Council Directive 74/148/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to weights of from 1 mg to 50 kg of above - medium accuracy (OJ EU L 84, 28.3.1974),
  • Council Directive 76/765/EEC of 27 July 1976 of the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers (OJ EU L 262, 27.9.1976),
  • Council Directive 86/217/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to tyre pressure gauges for motor vehicles (OJ EU L 152, 6.6.1986),
  • Council Directive 71/349/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to the calibration of the tanks of vessels (OJ L 239, 25.10.1971),
  • Council Directive 76/766/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcohol tables (OJ L 262, 27.9.1976),

have been implemented to the Polish law by:

  • Act of Parliament of 11th of May 2001, Law on Measures (Journal of Laws of 2004, No. 243, item 2441 with further amendments),
  • Regulation of the Minister of Economy of 27th December 2007 on types of measuring instruments subject to legal metrological control and scope of this control (Journal of Laws 2008, Number 3, item 13 with further amendments),
  • Regulation of the Minister of Economy of 7th January 2008 on legal metrological control of measuring instruments (Journal of Laws 2008, Number 5, item 29 with further amendments),
  • and other regulations defining the requirements for each of the above category of measuring instruments.

Contact
For more information, please contact:

Central Office of Measures
ul. Elektoralna 2, 00-139 Warszawa, Poland
phone: +48 (22) 581 93 99
fax: +48 (22) 620 83 78
e-mail: gum(at)gum.gov.pl
www.gum.gov.pl

WELMEC Committee Member
Mrs. Dorota Habich
Vice-President for Legal Metrology
ul. Elektoralna 2, 00-139 Warszawa, Poland
phone: +48 (22) 581 93 26
fax: +48 (22) 624 25 73
e-mail: vprdh(at)gum.gov.pl

Updated May 2013