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Title: Regulations Governing Self-verification Conducted by Measuring Instrument Enterprises CH
Amended Date: 2019-05-09
Category: Ministry of Economic Affairs(經濟部)
Attachment:
Article 1
These Regulations are enacted pursuant to Paragraph 3, Article 22 of the Weights and Measures Act (hereinafter referred to as "the Act").
Article 2
The verifications used in this Regulation are defined as follows:
1.“Initial Verification” A legal measuring instrument subject to verification conducted before the measuring instrument is released from the factory or at the time of import. When agreed by the dedicated weights and measures authority, the verification can be conducted after the measuring instrument has been installed or in its use.
2.“Re-verification” A legal measuring instrument subject to verification conducted when the validity period of the previous verification expires or after the measuring instrument has been repaired, adjusted or remodeled or in its use.
The verification defined in the preceding Paragraph is limited to those brands and types of measuring instruments manufactured or imported by the corresponding manufacturers or importers, and sold in their own names or under their authorization.
Article 3
To apply for self-verification, the applicant shall meet the following qualification:
1.Granted license of measuring instrument manufacturer or importer;
2.The production factory that manufactures the measuring instruments subject to self-verification shall be certificated and granted a quality management system certificate issued by a certification body recognized by the dedicated weights and measures authority; the scope of certification and registration shall cover the production of the measuring instrument applying for self-verification,and shall cover the maintenance and repair of the measuring instrument in case the verification scope also includes re-verification.
The applicant as referred to in the preceding Paragraph shall have a testing laboratory in the Republic of China and fulfill the following requirements:
1.The verification equipments of the testing laboratory shall meet the technical specifications for verification and inspection of measuring instrument;
2.The testing laboratory shall be accredited and granted an accreditation certificate issued by a signatory of the ILAC MRA (International Laboratory Accreditation Cooperation Mutual Recognition Arrangement) on behalf of the Republic of China; the scope of accreditation shall cover all the verification items of the measuring instrument applying for self-verification; and
3.The testing laboratory shall set up a laboratory director and verification technicians meeting the following qualifications:
(1)The laboratory director shall fulfill the qualification for Class A metrological technician with a certificate issued by the dedicated weights and measures authority;
(2)Verification technicians shall fulfill the qualification for Class B metrological technician with a certificate issued by the dedicated weights and measures authority.
Article 4
To apply for self-verification, the applicant shall fill in the application form, pay the licensing fee and certification fee, and submit the application form together with the following documents to the dedicated weights and measures authority:
1.Photocopy of the business license of measuring instrument manufacturer or importer;
2.Photocopy of the production factory quality management system certificate;
3.Photocopy of the testing laboratory accreditation certificate;
4.Photocopy of list of verification equipments;
5.On-job certificate of the laboratory director and verification technicians; and
6.Photocopy of the qualification certificates of the laboratory director and verification technicians.
When the documents mentioned in the preceding Paragraph are submitted in photocopies, the applicant shall provide a signed declaration stating that the photocopies of the documents are identical to the originals or current situation. If necessary, the dedicated weights and measures authority may require the applicant to present the original documents for check.
Article 5
When an applicant as referred to in the preceding Article establishes several testing laboratories in different places to conduct verification, the applicant shall apply for self-verification in respect of each laboratory.
Article 6
After the dedicated weights and measures authority has received an application for self-verification, reviewed all application documents and found that the application has been deemed as unqualified, a specified time duration shall be set for correction; when correction is not accomplished within the specified time duration, the application shall be rejected and the certificate fee be returned.
Where the application referred to in the preceding Paragraph is deemed as qualified after the dedicated weights and measures authority has completed reviewing all application documents, the dedicated weights and measures authority shall issue a permit for self-verification of measuring instrument enterprises.
A permit certificate as referred to in the preceding Paragraph shall record the category, scope, production factory and testing laboratory of the measuring instrument subject to self-verification; and the self-verification conducted by measuring instrument enterprises shall not exceed the items registered on the permit certificate.
Article 7
The validity period of a self-verification permit of measuring instrument enterprise is three years commencing from the date of issuance; from three month before the validity period expires to the expiration date, the original applicant may prepare an application form and submit it together with the permit fee and certificate fee as well as the documents listed in the Subparagraphs of Article 4 to the dedicated weights and measures authority to apply for extension; where the qualification is deemed as qualified after the process of examination, a replacement permit certificate shall be issued.
The validity period of a replacement permit certificate as referred to in the preceding Paragraph is three years commencing from the day following expiration of the validity period of the original permit certificate. Nonetheless, where application is filed within one month before the original validity period expires and the replacement is not finished before expiration of the original validity period, the validity period of the replacement permit certificate shall be three years commencing from the day of issuance.
Article 8
The measuring instrument enterprises entitled to conduct self-verification shall, in accordance with the technical specifications for verification and inspection of measuring instrument, conduct the verification against all of their measuring instruments one by one, as the provisions set forth in Article 11 and Subparagraph 2 to 6 of Article 13 of the Regulations Governing Verification and Inspection of Measuring Instruments.
Article 9
The measuring instruments passed in self-verification shall be affixed with a verification mark, which is composed of a square Chinese character " " and a self-verification permit number; the ratio of the lines and spaces of the character " " thereinto shall be 1:2, and the self-verification permit number shall be closely right under the " " character, if they are on the same side.
Article 10
The measuring instrument enterprises entitled to conduct self-verification shall fabricate and use the verification mark in accordance with the following provisions:
1.Fabricate verification mark by themselves according to the patterns prescribed in the preceding Article and the format prescribed by the dedicated weights and measures authority; wherein the content shall be clearly distinguishable and unlikely to wear away;
2.Carry out the verification mark management system;
3.Attach the verification mark to the measuring instruments as prescribed in the technical specifications for verification and inspection of measuring instruments; and
4.Check up and destroy the verification mark marked with validity period that are not used by end of the calendar year within the next month, jointly with the personnel dispatched by the dedicated weights and measures authority at the request of the measuring instrument enterprise.
Before fabricating the verification mark referred to in the preceding Paragraph, the measuring instrument enterprises shall submit samples and the commencing and terminating numbers to the dedicated weights and measures authority, and then begin fabrication only after they are deemed as qualified after the process of examination.
Where a self-verification permit is cancelled or abolished, or the validity period of the self-verification permit expires and the measuring instrument enterprise doesn’t or fails to apply for renewing of the permit, the enterprise shall, within one month following the invalidation or expiration of the permit, request the dedicated weights and measures authority to dispatch personnel to jointly check up and destroy the verification mark that are not used up till the invalidation or expiration; otherwise, the authority shall directly make known to the public per public notice of the cancellation of such verification mark.
Article 11
The measuring instrument enterprises entitled to conduct self-verification shall, before the tenth day of the following month, submit a monthly report and pay verification fee to the dedicated weights and measures authority according to the quantity of the instruments verified.
The monthly report referred to in the preceding Paragraph shall record the serial numbers of the verified measuring instrument and the corresponding verification mark; and the format of such report shall be prescribed by the dedicated weights and measures authority.
Article 12
To newly appoint a director or verification technician of testing laboratory within the period of permitted self-verification, the measuring instrument enterprises entitled to conduct self-verification shall follow the provisions set forth in Subparagraph 3, Paragraph 2 of Article 3; and shall, within ten days commencing from the day following the accession, make a report to the dedicated weights and measures authority for reference.
Article 13
In case of alteration of address, name or principal of company/firm, organization, the measuring instrument enterprises entitled to conduct self-verification shall prepare an application form and submit it together with the certificate fee, the original permit certificate, and the photocopy of other related documents to the dedicated weights and measures authority to apply for replacement of self-verification permit.
In case of alteration of the production factory, the address of the production factory or the testing laboratory, or decrease of the scope of quality management system certificate or accreditation certificate, the measuring instrument enterprise entitled to conduct self-verification shall prepare an application form and submit it together with the certificate fee, the reserved copy of the original permit certificate, and the photocopy of other related documents to the dedicated weights and measures authority to apply for replacement of self-verification permit; and may not conduct self-verification unless the application is approved and a replacement permit is granted.
Where a measuring instrument enterprise entitled to conduct self-verification increases the category and/or scope of the measuring instruments subject to self-verification, it shall reapply for self-verification according to the provisions of Article 4.
In case of alterations mentioned in the preceding three Paragraphs, a measuring instrument enterprise entitled to conduct self-verification shall submit application within a given time limit according to the following Items:
1.Under the circumstance as described in Paragraph 1, the enterprise shall submit the application to the dedicated weights and measures authority within two months after the alteration.
2.Under the circumstance as described in the preceding two Paragraphs, the enterprise shall submit application to the original accreditation body and/or certification body for assessment within two months after the alteration, or reapply for assessment in accordance with the provisions in Article 3, and submit application to the dedicated weights and measures authority within ten days after passing the assessment and receiving the certificate.
Article 14
The dedicated weights and measures authority may send personnel to the production factories, testing laboratories or storage places of the measuring instrument enterprises entitled to conduct self-verification, to conduct sampling test. Nonetheless, if sampling fails twice consecutively at the aforesaid places, the authority may perform sampling test at the place of selling.
Article 15
The dedicated weights and measures authority should hold proficiency test on non-periodical basis, and the measuring instrument enterprises entitled to conduct self-verification should not evade, hinder or refuse.
Article 16
Where the validation of type approval of a kind of measuring instrument obtained by a measuring instrument enterprise entitled to conduct self-verification is revoked or abolished by the dedicated weights and measures authority, the enterprise shall no longer verify such measuring instrument by itself.
Article 17
Where a measuring instrument enterprise obtains a self-verification permit by means of cheat, the dedicated weights and measures authority shall revoke such permit.
Article 18
Under any of the following circumstances, the dedicated weights and measures authority shall order the measuring instrument enterprise entitled to conduct self-verification to correct its misconduct within a given time limit:
1.When the enterprise fails to maintain the qualification conditions set forth in Article 3;
2.When the enterprise violates Paragraph 3 of Article 6 and conducts any action beyond the scope of the permit;
3.When the enterprise doesn’t fabricate or use verification mark in accordance with Paragraph 1 or Paragraph 2 of Article 10;
4.When the enterprise doesn’t submit monthly report in accordance with Article 11;
5.When the enterprise doesn’t make report for reference within a given time limit in accordance with Article 12;
6.When the enterprise doesn’t apply for alteration within a given time limit in accordance with Subparagraph 1, Paragraph 4 of Article 13;
7.When the enterprise doesn’t apply for alteration within a given time limit in accordance with Subparagraph 2, Paragraph 4 of Article 13; or
8.When the enterprise fails the sampling test conducted under Article 14.
Under any circumstances as described in Subparagraph 1 to Subparagraph 3, Subparagraph 7 or Subparagraph 8 of the preceding Paragraph, the enterprise shall be suspended from self-verification; and shall not conduct self-verification until the misconduct is corrected.
Under any circumstance as described in Subparagraph 4 to Subparagraph 6 of the preceding Paragraph 1, a time limit shall be set for correction; where the misconduct is not corrected within the specified time limit, the enterprise shall be suspended from self-verification, and shall not conduct self-verification until the misconduct is corrected.
Article 19
Under any of the following circumstances, the dedicated weights and measures authority shall abolish the self-verification permit of the measuring instrument enterprise entitled to conduct self-verification:
1.When the enterprise applies for abolishment of self-verification permit on its own initiative;
2.When the enterprise evades, hinders or refuses investigation twice with violating the provision of Paragraph 1, Article 23 of the Act;
3.When the enterprise makes any false statement in the verification records or monthly reports;
4.When the enterprise doesn’t pay the verification fee within a specified time limit in accordance with relevant provisions after a hastening notice is given;
5.When the enterprises fails twice the sampling test conducted against Article 14 within one year;
6.When the enterprise evades, hinders or refuses twice consecutively the proficiency test held by the dedicated weights and measures authority with violating the provision of Article 15;
7.When the enterprise doesn’t complete the correction within the given time limit under any of the circumstances as described in Subparagraph 1 to Subparagraph 3, Subparagraph 7, or Subparagraph 8, Paragraph 1 of the preceding Article;
8.When the enterprise doesn’t stop self-verification in accordance with Paragraph 2 or Paragraph 3 of the preceding Article; or
9.When the enterprise violates these Regulations in a way deemed as serious by the dedicated weights and measures authority.
Under any circumstance as described in Subparagraph 2, Paragraph 1 of the preceding Article or Subparagraph 8 of the preceding Paragraph or in case that self-verification is conducted with violating the provisions of Article 16, it shall be deemed that the measuring instrument qualified in such self-verification has not been verified yet.
Article 20
When the self-verification permit is revoked or abolished, the measuring instrument enterprise shall, upon receipt of the advice note of revocation or abolishment, stop self-verification and hand back the self-verification permit certificate within a specified time limit; in case the permit certificate is not handed back within the specified time limit, the dedicated weights and measures authority may directly make known to the public per public notice of the revocation of such verification mark.
After the self-verification permit is revoked or abolished, the measuring instrument enterprise referred to in the preceding Paragraph may not apply for self-verification permit again within one year, unless the permit is abolished in accordance with Subparagraph 1, Paragraph 1 of the preceding Article in which part of inconformity is not attributable to the measuring instrument enterprise.
Article 21
In case of loss or damage of a self-verification permit certificate, an application form may be prepared and sent together with the certification fee to the dedicated weights and measures authority to apply for re-issuance or replacement.
Article 22
These Regulations shall come into force as of the date of promulgation.
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