The Czech Republic is composed of three historical lands of Czech Crown: Bohemia, Moravia and Silesia, and covers an area of 78,864 sq. km. The country is divided to 14 administrative units. The population is 10.3 million of which 1.3 million inhabitants live in Prague, the Capital of the Republic. According to its constitution the Czech Republic is a parliamentary democracy, whose head of state is a president, indirectly elected every five years by the parliament. The president is also granted specific powers such as the right to nominate Constitutional Court judges, dissolve parliament under certain conditions, and enact a veto on legislation. He also appoints the prime minister, who sets the agenda for most foreign and domestic policy, as well the other members of the cabinet on a proposal by the prime minister.
The Czech parliament is bicameral, with a Chamber of Deputies and a Senate. The 200 Chamber delegates are elected for 4-year terms, on the basis of proportional representation. The 81 members of the Czech Senate serve for 6-year terms with one-third being elected every 2 years on the basis of two-round majority voting. The country's highest court of appeals is the Supreme Court. The Constitutional Court rules on constitutional issues and its members serve 10-year terms.
The gross domestic product of the Czech Republic reached CZK 127 billion EUR in 2007 (12 300 EUR per capita) and more than 75% of foreign trade was conducted with the EU countries. On 1 February 1995 the European Association Agreement concluded between the European Communities and the Czech Republic came into force, and on 21 December 1995 the Czech Republic became a member of OECD. The harmonisation with the acquis communautaire as a part of the chapter “Free Movement of Goods” was finalised in 2002. The Czech Republic has become a full member of the EU since May 1st, 2004.
The Czech Metrology Institute (henceforth CMI) whose headquarters are in Brno, is the executive body for metrology (including legal metrology). CMI was founded on 1 January 1993 by the Ministry of Economy as the successors to the former Czechoslovak metrology institute. In the field of legal metrology CMI operates through eleven branch inspectorates which are located in Prague, České Budějovice, Plzeň, Liberec, Most, Pardubice, Jihlava, Brno, Kroměříž, Opava and Olomouc and the Inspectorate of Ionising Radiation in Prague - here referred to as verification offices.
Organisational Structure and Background
As far as legal metrology is concerned, the Czech Republic is a member of the Metre Convention (since its foundation in 1875 as a former part of the Austro-Hungarian Empire), OIML, EUROMET/EURAMET e.v. and a full member of WELMEC. Metrology functions are laid down by the Act No 505/1990 Coll., on metrology, as amended, (compatible with the OIML IR No 1) and by corresponding decrees of MIT. Currently, a completely new law on metrology is under preparation. Conformity assessment activities for the implementation of EU new approach directives are covered by the Act No 22/1997 Coll., as amended - on the basis of this act the individual directives are transposed to national legislation through Government Orders.
Equipment Subject to National Controls
The Ministry of Industry and Trade of the Czech Republic (henceforth MIT) directs state policy in the fields of standardisation, metrology and testing.
The Czech Office for Standards, Metrology and Testing (henceforth COSMT ) was established by the Czech National Council Act No 20/1993 Coll., on the Organisation of the State Administration in the Field of Standards, Metrology and Testing as the state administration body responsible for such activities. COSMT is a budgetary organization subordinated to the Ministry of Industry and Trade. The COSMT's mission is to perform tasks set out in Czech legislation on technical standardisation, metrology and testing and tasks related to the harmonisation of Czech technical regulations and standards with the technical regulations of the European Community. The COSMT authorize the Authorised Metrological Centres (henceforth AMCs) and Official Measuring Experts according to the Act No 505/1990 Coll., on Metrology, as amended and is also responsible for the surveillance by law on Metrology.
- Length measures in use for trade
- Taximeters
- Area measuring instruments for leather
- Liquid volume measures made of metal
- Serving glass
- Volumetric flasks, burettes and pipettes
- Stationary tanks used as volume measuring instrument
- Measuring instruments and systems for liquids other than water
- Cold water meters
- Warm water meters
- Gas volume meters
- Medium accuracy weights in use for trade
- Weights of above medium accuracy
- Non-automatic weighing instruments
- Automatic weighing instruments
- for road vehicles weighing in motion
- rail weighbridges
- discontinuous totalising
- gravimetric filling
- checkweighing and weight grading
- continuous totalising
- Grain testing equipment
- Radar equipment for the measurement of the speed of vehicles
- Chronotachographs
- Blood pressure meters
- Eye tonometers
- Tyre pressure gauges for motor vehicles
- Clinical thermometers
- Thermometers for checking of temperature of frozen food
- Heat meters and their components
- Electricity meters
- Measuring transformers
- Luxmeters
- Optical radiometers
- Tonal audiometers
- Personal sound expozimeters
- Measuring microphones
- Density meters
- Refractometers
- Moisture meters for cereal grains and oilseeds
- Gas chromatographs
- Breath analysers
- Instruments for measurement of ionising radiation and radioactivity
The list of measuring instruments subject to legal control is given by the MIT Decree No 345/2002 Coll., which is amended and updated on a biannual basis.
Instruments are generally subject to type approval, initial verification and mandatory reverification unless otherwise stated: instruments covered by new approach directives are excluded from the controls stipulated by Act on Metrology associated with putting them on the market and into use (type approval and initial verification). In non-harmonized regulated field a mutual recognition clause based on EU legislation (ECJ decisions) is applied regarding these activities. Users of communal measuring instruments are to be permitted to apply a statistical sampling method, instead of reverification.
Type Approval
Type approval certificates can be issued only by CMI. CMI is responsible for technical tests and expertise for all instruments and for carrying out its duties extensively uses the EMeTAS database. It has its own test facilities but may use other testing laboratories, e.g. accredited testing laboratories to subcontract routine type examination measurements. CMI maintains a national database of type approvals and publishes a detailed list of type approval certificates in official periodicals in the Czech language. Fees are calculated on the basis of man-hours and material costs at the average rate of 700 CZK per hour (approx. 26 EUR per hour) for any individual type approval. The framework for fees calculation is given by an official CMI price list. The most popular categories of instruments for which the type approvals are issued are non-automatic weighing instruments, followed by liquid volume meters for liquids other than water, water meters, heat meters and electricity meters.
Initial Verification
At present initial verification of instruments verified in situ in the traditional areas of weights and measures (with the exception of NAWIs) is performed only by CMI itself. Gas, electricity, water and heat meters and other categories of instruments are verified by state licensed private testing laboratories called Authorised Metrological Centres (henceforth AMC) that have to meet the requirements of the Methodology Ordinance for Metrology issued by the COSMT. This assessment is performed either by CMI (in case of instruments where CMI is not active) or by the Czech Accreditation Institute. The official authorisation is made by COSMT. A manufacturers' declaration of conformity has been introduced only in the case of NAWI (see below).
Type approvals and initial verifications shall not apply if a special legal regulation provides otherwise, i.e. in NAWI or MID. Type approvals and initial verifications in non-harmonized area are recognized if the level of regulation is the same as in the CR and corresponding documentation is made available to CMI.
Inspection and Reverification
A mandatory reverification system is in place involving CMI and AMCs as verification authorities with a similar subdivision of work as in the case of initial verification. The assessment of AMCs technical competence is carried out in the same way as in the case of initial verification. The reverification intervals are mandatory and are given by the MIT Decree No 345/2002 Coll., specifying legally controlled measuring instruments. Typical reverification intervals are as follows:
| taximeters | 2 years |
| trade weights | 2 years |
| weighing instruments | 2 years |
| petrol pumps | 2 years |
| cold water meters | 6 years |
| gas meters | 10 years (or 8 + 4…) |
| electricity meters (induction types) | 16 years (10) |
| law enforcement instruments | 1 year (or 2). |
The situation can be illustrated by the following examples:
Non-automatic weighing instruments are often reverified after a repair, the failure rate of balances being now relatively low when old mechanical balances have been replaced by electronic ones. Out of nearly 16 000 fuel dispensing pumps (hoses) reverified in 2003 over 10 % were initially found out of the mpe's and had to be adjusted. Fees for reverification are given by an official CMI price list if carried out by CMI. AMCs are free to determine prices. Maximum permissible errors in service are normally mpe x 2.
Repairers are not permitted to reverify instruments although there is a provision whereby registered repairers are allowed to repair taximeters, petrol pumps and weighing instruments and, following repair, the instruments may be used for a limited time, now 30 days, until official reverification. Registration for this purpose is made by the verification offices whereby a "repair mark" is identified for use by the repairer. Immediate notice must be given to the verification office for the derogation period of operation.
Legal Metrology Practitioners and Scope
Together with up to 50 scientists and engineers engaged in type approval work at CMI there are some 100 engineers and inspectors performing verification and inspection work at the verification offices within CMI. Training is provided by CMI during a 2-week entrance course which is supplemented by practical training at annual meetings of the officers and occasionally by an international course. Officers are regularly trained by manufacturers wherever possible. Since 1996 all the officers are certified by a special accredited CMI department performing personnel certification.
Inspectors are restricted to legal metrology work and are not involved in any wider consumer protection service. Verification officers advise businesses on legal requirements and on EN ISO/IEC 17025 and EN ISO 9000 series of standards matters and investigate consumer complaints concerning inaccurate equipment.
Consumers can complain concerning any problems with legal metrology instruments either to COSMT or to the CMI verification offices.
Sanctions
Sanctions are based upon a system of administrative penalties proposed by CMI and enforced by COSMT. A preventive enforcement policy is applied resulting in penalties in cases only when fraud is evident. The verification officers would issue warnings for minor infringements. The amount of a penalty depends on the character and extent of the fraud, the maximum being set by law to 1 000 000 CZK (approx. 40 000 EUR). In the case of a dispute, the matter can be taken to the court of law, however this rarely happens. Some 10 administrative fines are imposed annually with the total amounting to 200 000 CZK (approx. 8 000 EUR).
Directive 90/384/EEC
As a full EU member, the Czech Republic is obliged to transpose the EU legislation into its legal system. The Act No 22/1997 Coll., on technical requirements for products, as amended, forms the general legal basis for transposition of new approach directives – NAWI directive was thus transposed by the Government Order No 326/2002 Coll., that lays down technical requirements for non-automatic weighing instruments, effective since October 1, 2002. For market surveillance in all the cases the Czech Trade Inspection is responsible.
Directive 71/316/EEC
The generic old approach Directive 71/316/EEC, as amended was transposed by the MIT Decree No 332/2000 Coll., that lays down some procedures for type approval and verification of specified measuring instruments bearing EEC mark. The directives concerning individual measuring instruments have been transformed into corresponding MIT Decrees.
Directive 2004/22/EC
The directives concerning individual measuring instruments have been transformed into corresponding MIT Decrees. The Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments has entered into force on 30 April 2004. The Czech Republic has transposed the Directive into its legal system as required; the Government Regulation 464/2005 Coll., on the technical requirements on measuring instruments, is effective since 30 April 2006. The Czech Republic decided to regulate all of the instruments covered by the Directive.
Directive 2007/45/EC
All the European directives on prepackages are available in the form of MIT Decrees, effective since 1 July 2001. The new Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC is now transposed into corresponding MIT Decree No 404/2008 Coll., effective since 11 April 2009.
Updated March 2010
