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In the exercise of the powers vested in me by Article V of Annex 10
(Agreement on Civilian Implementation of the Peace Settlement) to the
General Agreement for Peace in Bosnia and Herzegovina, according to which
the High Representative is the final authority in theatre regarding
interpretation of the said Agreement on the Civilian Implementation of the
Peace Settlement; and considering in particular Art. II.1.(d) of the last
said Agreement, according to the terms of which the High Representative
shall "Facilitate, as the High Representative judges necessary, the
resolution of any difficulties arising in connection with civilian
implementation";
Recalling paragraph XI.2 of the Conclusions of the Peace Implementation
Conference held in Bonn on 9 and 10 December 1997, in which the Peace
Implementation Council welcomed the High Representative's intention to use
his final authority in theatre, regarding interpretation of the Agreement on
the Civilian Implementation of the Peace Settlement, in order to facilitate
the resolution of any difficulties as aforesaid "by making binding
decisions, as he judges necessary" on certain issues including (under
sub-paragraph (c) thereof) "measures to ensure the implementation of the
Peace Agreement throughout Bosnia and Herzegovina and its Entities";
Considering the seriousness of the problems faced by Bosnia and Herzegovina
arising out of the absence of legislation in the field of standardisation,
and in particular the difficulties facing producers wishing to export their
products to markets within the European Union;
Noting that the European Union "Road Map" for Bosnia and Herzegovina
recommends the establishment of a single Bosnia and Herzegovina Institute
for Standards;
Noting further that in the Annex to the Declaration of the Peace
Implementation Council which met in Brussels on 23 and 24 May 2000 it was
stated that the authorities of Bosnia and Herzegovina should act promptly as
to the adoption of a Law on Standardisation, including the creation of a
Bosnia and Herzegovina Institute for Standards aimed at strengthening the
whole system of standardisation in Bosnia and Herzegovina of which the Law
on Metrology is an inseparable and logical part.
All this considered, borne in mind and noted, I hereby issue the following
Decision which shall enter into force with immediate effect on an interim
basis, until such time as the Parliamentary Assembly of Bosnia and
Herzegovina adopts this Law in due form, without amendments and with no
conditions attached.
Pursuant to, and as an integral part of this my Decision herein, I require
the appropriate authorities of the Federation of Bosnia and Herzegovina and
of the Republika Srpska to take all necessary steps to ensure that the laws
and regulations of the Federation of Bosnia and Herzegovina and of the
Republika Srpska respectively are and remain fully harmonised with the Law
on Metrology of Bosnia and Herzegovina hereinafter set out. In the event
that changes are required to be made to the laws and/or regulations of the
Entities in consequence thereof, as is the case with the Law on Measuring
Units and Measuring Instruments of the Republika Srpska (Official Gazette of
the Republika Srpska No 37/99) such changes are to be effected no later than
six months after the entry into force of the said Law on Metrology of Bosnia
and Herzegovina.
I further enjoin the Governments of the Federation of Bosnia and Herzegovina
and of the Republika Srpska to issue special regulations, in accordance with
the procedure referred to in article 27 of the Law on Metrology of Bosnia
and Herzegovina hereinafter set out, prescribing the kinds and shapes of the
seals used in the verification of measuring instruments. Such regulations
are to be issued no later than six months after the entry into force of the
said Law.
I further specifically require Entity Institutions for Metrology to operate
in accordance with mutually harmonised Entity Laws on the control of
articles of precious metals in which the technical requirements of such
articles must have identical wording. I likewise require that Entity
Institutions for Metrology shall perform the immediate control of such
articles as set out in article 41. For the avoidance of doubt I hereby
confirm that such Institutions are accorded all such rights and are subject
to all such duties as are set out in the said Law on Metrology of Bosnia and
Herzegovina. Such Institutions shall be financed from the budgets of the
respective Entities.
DECISION
ON LAW ON METROLOGY OF BOSNIA AND HERZEGOVINA
I - GENERAL PROVISIONS
Article 1.
1. This Law defines the legal metrology system in Bosnia and
Herzegovina which ensures correct and internationally harmonised measuring,
realization, conservation and usage of standards and reference materials;
usage, testing, verification and metrological control of measuring
instruments; implementation of legal metrology in Bosnia and Herzegovina;
participation of Bosnia and Herzegovina in international co-operation and
co-operation between countries in the field of metrology;
scientific-research and professional activities in the field of metrology.
2. The system of legal metrology is harmonised with the corresponding
European Union system, (which is a precondition for integration in the
Internal Market of the Union).
Article 2.
1. Provisions of this Law apply only to measuring instruments used in
the following areas:
a) human and animal health protection,
b) protection of environment and technical safety,
c) circulation of goods and services and consumer protection,
d) administrative and judicial proceedings.
Article 3.
1. The terms and definitions used in this Law have the following
meanings:
1) Metrology
a) Metrology is a scientific-expert field concerned with
measurement.
b) Legal metrology is a branch of metrology dealing with units
of measurement, methods of measurement and measuring instruments from the
point of view of application of mandatory technical and legal requirements
in order to provide trustworthy and accurate measurements.
c) Measurement is a set of operations having the object of
determining a value of a quantity.
d) Metrological control is a set of operations having the
objective of ensuring the proper functioning of measuring instruments and/or
reference materials.
e) Measurement requirement is a set of metrological
characteristics that measuring instruments and/or reference materials are to
comply with in order to verify appropriate measuring quality on the basis of
applicable regulations.
f) Measurement quality is a set of metrological characteristics
that measuring instruments and/or reference materials are to comply with in
order to provide repeated results of measurement and/or comparison with
measuring standards in a range of verification, and within limits of
specified measuring uncertainty of measuring instruments and/or reference
materials.
2) Standards and measuring instruments
a) Standard is a measure, measuring instrument or measuring
system intended to define, conserve or reproduce a measuring unit in order
to transpose its value to other measuring instruments to serve as a
reference.
b) International standard is a standard recognized by an
international agreement to serve internationally as the basis for assigning
values to other standards of the quantity concerned.
c) National standard is a standard of the highest metrological
quality in Bosnia and Herzegovina, serving as the basis for assigning values
to other standards of the quantity concerned.
d) Primary standard is a standard of a particular quantity,
which has the highest metrological qualities in one field. Sometimes,
national standard may be adopted as a primary one.
e) Secondary standard is a standard whose value is assigned by
calibration with a primary standard.
f) Working standard is a standard calibrated with a standard of
a higher level.
g) Reference material is material or substance one or more of
whose property values are sufficiently homogenous and well established to be
used for the calibration of an apparatus, the assessment of a measuring
method or of assigning values to materials.
h) Certified reference material (CRM) is reference material,
accompanied by a certificate, one or more of whose property values are
certified by a procedure which establishes traceability to an accurate
realization of the unit in which the property values are expressed, and for
which each certified value is accompanied by an uncertainty at a stated
level of confidence. Certified reference material is used as working
standard.
i) Materialized measure is a device intended to reproduce or
supply, in a permanent manner during its use, one or more known values of a
given quantity.
j) Calibration is a set of operations that establishes, under
specified conditions, relationship between values of quantity indicated by a
measuring instrument or values represented by a reference material, and the
corresponding values realized by standards.
k) Traceability is a property of the result of a measurement
whereby it can be related to corresponding national or international
standards through an unbroken chain of comparisons.
l) Measuring instrument is a device intended to be used to make
measurements, alone or in conjunction with complementary devices.
m) Measurement system is a functionally connected set of measuring
instruments and other equipment assembled to carry out specified
measurements.
3) Verification and testing of measuring instrument
Verification of measuring instruments or reference materials is a set of
operations having the objective of determining whether the measuring
instrument or reference material complies with specified measurement
requirements.
a) Initial verification is the verification of a new measuring
instrument manufactured in Bosnia and Herzegovina or abroad prior to
releasing it for official use.
b) Repeated verification is any verification performed after the first
verification due to expiration of the verification period, repair and/or
modification of the measuring instrument and upon particular request of the
user of the measuring instrument.
c) Verification period is the prescribed interval between consecutive
verifications of a measuring instrument to ensure prescribed measuring
uncertainty of a measuring instrument.
d) Verification seal is a mark placed on the measuring instrument to
verify proper functioning of the measuring instrument and/or prevent
separation, moving, change or replacement of some integral elements of the
measuring instrument.
e) Sealing is a set of operations performed during the putting of the
verification seal in the prescribed way and on the prescribed place on the
measuring instrument.
f) Pattern evaluation is testing of one or more measuring instruments
of the same pattern in order to obtain "Pattern approval".
g) Pattern approval is a document issued by the Institute for Metrology
of Bosnia and Herzegovina (hereinafter referred to as the Institute) and
confirming that a pattern of the measuring instrument complies with
prescribed measurement requirements.
h) Measuring instrument conformity is a characteristic of the measuring
instrument to comply with all of the prescribed metrological requirements
for the corresponding kind of measuring instruments, and is proved by the
procedure for the assessment of conformity with applicable regulations and
directives.
i) Conformity assessment is any activity that directly or indirectly
relates to determining whether applicable requirements have been fulfilled.
4) Pre-packed products
According to this Law, pre-packed products are products in packaging of any
nature, which were packed and closed without the purchaser being present,
and the quantity of which cannot be changed without opening and damaging the
packaging.
II - SYSTEM OF LEGAL METROLOGY
Article 4.
1. The Institute for Metrology (hereinafter referred to as the
Institute) performs administrative, professional and organizational
operations in the field of legal metrology in Bosnia and Herzegovina, as
defined by this Law, and supervises its implementation.
2. The Institute realizes the base of the standards in Bosnia and
Herzegovina, develops, creates, declares and maintains the national
standards of legal units of measurement, provides traceability of the
national standards against international standards, prescribes metrological
requirements for standards, reference materials and measuring instruments,
brings decisions on recognition of standards as national standards, performs
the conformity assessment including the pattern evaluation and pattern
approvals of measuring instruments.
3. Institutions for Metrology of the Entities, under the auspices of
the Governments of the Federation of Bosnia and Herzegovina and of the
Republika Srpska, perform the initial and repeated verifications of
measuring instruments that have successfully undergone the conformity
assessment procedure and perform all other tasks from the field of
metrology, which do not fall under the authority of the Institute, and which
shall be prescribed by special Entity Laws.
4. Standards, reference materials and verification equipment owned by
Institutions for Metrology of the Entities are calibrated and verified by
the Institute in accordance with regulations harmonised with the
recommendations and documents of the OIML - International Organisation for
Legal Metrology.
5. The Institute deals with research and development in the field of
metrology, proposes the development projects and defines priorities in their
realization in the field of legal metrology, and participates in the
activities of international organizations for legal metrology representing
Bosnia and Herzegovina therein. The Institute implements international
agreements on co-operation in the field of metrology.
6. The Director of the Institute, with the consent of the Council,
notifies accredited metrological bodies and verification centres that have
previously undergone the accreditation procedures according to series EN
45000 of European Standards, or the ISO 17025, or the procedure of an equal
value to the accreditation procedure.
Article 5.
1. The Council for Metrology (hereinafter called: the Council),
operating within the Institute, directs the development of the Institute
activities.
2. Responsibilities of the Council are as follows:
a) to act as an expert counselling body,
b) to propose ways of satisfying the metrological needs of
Bosnia and Herzegovina, in agreement with the Institutions for Metrology of
the Entities,
c) to participate in forming expert metrological commissions
which shall analyse certain aspects of legal metrology and present results
to the Council,
d) to propose scientific and educational activities in the
field of metrology,
e) to provide expert assessment of the annual plans and reports
on the work of the Institute and Institutions for Metrology of the Entities
in the Federation of BiH and the Republika Srpska, upon request of the
Council of Ministers of BiH or the Department Minister.
3. Members of the Council are appointed by the Council of Ministers of
Bosnia and Herzegovina on proposal of the Director of Institute and
Institutions for Metrology of the Entities in the Federation of BiH and the
Republika Srpska.
4. The Council consists of experts coming from both Entities of Bosnia
and Herzegovina.
5. The Council brings the Book of Ordinance on its operation.
6. Corresponding expert services of the Institute provide professional
and technical support to the Council.
Article 6.
1. The Institute publishes the Journal of the Institute that contains:
a) decisions on declaring the national standards of Bosnia and
Herzegovina,
b) official announcements on decisions issued in accordance
with this Law,
c) decisions on appointment of the members of the Council and
expert commissions for metrology,
d) professional guidance, opinions and explanations from the
field of legal metrology,
e) information on local and international scientific and
professional gatherings in the field of legal metrology.
Article 7.
1. The Institute participates in the activities of international
organizations and associations in the field of metrology, appoints
representatives who will participate in their activities or observe them,
and represent Bosnia and Herzegovina therein.
2. Financial resources for the activities mentioned in paragraph 1 of
this article are provided for from the budget of Bosnia and Herzegovina.
Article 8.
1. The Institute organizes and directs scientific research activities
in the field of metrology.
2. Realization of projects or their parts in the field of metrology is
performed within the Institute in association with competent scientific
research organizations, institutions and individuals from the country and
abroad.
III - LEGAL MEASUREMENT UNITS
Article 9.
1. The SI units of the international system of measurement units are
used in Bosnia and Herzegovina.
2. Legal measurement units, their definition, titles and symbols,
fields and manner of application are prescribed by the particular law.
3. Only prescribed measurement units may be applied in legal metrology.
IV - STANDARDS AND REFERENCE MATERIALS
Article 10.
1. According to purpose and measurement properties the standards can
be: international, primary, national, secondary and working standards.
2. The director of the Institute declares, by his or her decision, the
standard for certain measurement units as the national standard.
3. The director of the Institute, in consultation with the Council,
issues regulations defining in detail the realization, conservation, and
maintaining of national standards and other standards, conditions for
declaration of the standards as the national ones, procedure of calibrations
and methods of measurement.
4. If the national standard does not exist in Bosnia and Herzegovina
for a particular measurement unit, the director of the Institute will
approve the procedure of providing the traceability of measurement units
against the standard of higher metrological quality of another state. The
standard verified in such manner will become the basis for verification of
other standards of lower metrological quality.
Article 11.
1. The Institute realizes, conserves and maintains the national
standards providing at the same time their traceability at the international
level.
2. Nominated legal persons which comply with prescribed measurement
requirements may also realize, conserve and maintain the standards, and the
Institute may recognize such standards as the national ones.
3. Applications for declaring the existing standard as the national one
shall be gathered by the Institute in a public invitation for tender
procedure.
4. The funds from the budget of Bosnia and Herzegovina will be
allocated for co-financing of the realization of the standards, their
traceability at the international level, as well as their conservation and
maintenance.
Article 12.
1. The Institute shall perform the verification of national standards
in such way and according to such method of measurement as prescribed by the
director of the Institute, in consultation with the Council, in the form of
metrological prescriptions.
2. Should it be found in the course of calibration that a national
standard does not comply with prescribed measurement requirements, the
director of the Institute shall declare the act on declaration of the
standard as the national one null and void by a decision.
3. No appeal may be lodged with the Institute against such decision,
but an administrative procedure may be initiated.
Article 13.
1. The Institute or nominated legal person will realize, conserve and
maintain the samples of certified reference materials of specified
metrological properties, and compare them with international samples.
2. The Director of the Institute, in consultation with the Council,
issues regulations defining properties of certified reference materials and
their application in calibration and verification of the measuring
instruments.
Article 14.
1. Metrological control of reference materials used for the
verification of measuring instruments and verification of methods of
measurement shall be performed by the Institute.
2. The properties and usability of samples of reference materials shall
be tested by nominated legal persons.
V - LABORATORIES
Article 15.
1. Testing and verification of standards and measuring instruments
shall be performed in metrological laboratories and centres for the
verification of measuring instruments nominated by the director of the
Institute.
2. The Director of the Institute may nominate only such legal persons
which have previously successfully undergone the accreditation procedure
according to the Series EN 45000 of European Standards or the ISO 17025, or
a procedure of an equal value to the accreditation procedure.
Article 16.
1. The Director of the Institute, in consultation with the Council,
prescribes requirements for the metrological laboratories and the centres
for the verification of measuring instruments which are to be complied with
in order to obtain the status of nominated laboratories or centres for the
verification of measuring instruments.
Article 17.
1. Independent scientific laboratories, laboratories of the Institute
and other laboratories in the capacity of legal persons may be nominated, as
well as the centres for verification of measuring instruments belonging to
Institutions for Metrology of the Entities in the Federation of Bosnia and
Herzegovina and the Republika Srpska.
Article 18.
1. Nominated legal persons referred to in Article 17 shall be
independent.
Article 19.
1. If manufacturers of the measuring instruments dispose of their own
laboratories, they may be nominated, but only in the case where they are
independent from manufacturing and commercial facilities of the company,
thus being able to function as independent, third parties.
Article 20.
1. If the process of the mass production or testing of measuring
instruments is automated, the Institute may entrust the manufacturer with
the initial verification.
VI - MEASURING INSTRUMENTS
Article 21.
1. Legal and physical entities in Bosnia and Herzegovina shall own and
use in accordance with this Law the measuring instruments prescribed for the
performance of their activity.
2. Only measuring instruments which comply with the requirements of
this Law and metrological and technical requirements comprised in applicable
regulations and for which conformity was required in accordance with the
prescribed ways and procedures for conformity assessment, shall be put in
circulation in Bosnia and Herzegovina.
3. Only the measuring instruments that have the certificate of
conformity and have been marked accordingly shall be put into circulation.
4. Measuring instruments which have not undergone conformity assessment
in accordance with the prescribed ways and procedures for conformity
assessment, which have not been marked, and for which a certificate of
conformity with metrological regulations has not been issued, shall not be
used.
5. The Director of the Institute, in consultation with the Council,
prescribes the ways of conformity assessment for particular types of
measuring instruments, types and ways of marking of measuring instruments,
and the contents and the form of the certificate of conformity with
metrological regulations.
Article 22.
1. The Director of the Institute nominates the legal person for
conformity assessment, whose competencies have been checked in accordance
with the accreditation rules or the rules of the same value as the
accreditation rules, and which fulfil additional requirements for conformity
assessment prescribed by the Director of the Institute.
2. The Director of the Institute, in consultation with the Council,
prescribes the procedure of nomination of legal entities which participate
in the conformity assessment procedure.
Article 23.
1. Assessment of conformity of measuring instruments with metrological
requirements is performed by the Institute or the nominated legal person,
upon request of the manufacturer or the representative of a foreign company
performing consignation sales.
2. The request for a conformity assessment of a measuring instrument
shall be filed with the Institute, and the prescribed technical
documentation and applicable number of samples of such measuring instrument
shall accompany such request.
Article 24.
1. If, in the course of the conformity assessment procedure, it is
established that the measuring instruments meet the prescribed metrological
requirements, the Director of the Institute shall issue a certificate of
conformity.
2. If, during the use of the measuring instrument, the corresponding
Entity Institution for Metrology determines that the measuring instrument
for which a certificate of conformity has previously been issued, is not
suitable for further use, the director of the Institute shall issue a
decision declaring the prior certificate of conformity null and void.
3. No appeal shall be permitted against the decisions referred to in
paragraphs 2 and 3 of this article, but the applicant may initiate an
administrative procedure.
Article 25.
1. All measuring instruments which were modified are subjected to
renewed assessment of conformity with metrological requirements.
Article 26.
1. The Director of the Institute may recognize a foreign certificate of
conformity of the measuring instrument with metrological requirements if it
was issued by an authorized body of legal metrology of the country in which
conformity assessment has been performed, on condition that the Institute
has signed a bilateral or multilateral agreement with such body on mutual
recognition of conformity assessment results.
2. The Director of the Institute may exceptionally allow the use of
certain kinds of measuring instruments without previously carrying out the
pattern evaluation procedure, upon which he shall issue a written decision.
VII - VERIFICATION OF THE MEASURING INSTRUMENTS
Article 27.
1. The measuring instruments subjected, according to this Law, to
mandatory metrological control are subjected to the initial, periodical, and
extraordinary verifications.
2. Verification of the measuring instruments is performed, in
accordance with the applicable technical requirements, by the Institutions
for Metrology of the Entities in the Federation of Bosnia and Herzegovina
and the Republika Srpska, or the nominated legal persons, which have
previously undergone the accreditation procedure or the procedure of an
equal value to the accreditation procedure.
3. Technical requirements on verification (initial, periodical, and
extraordinary verification) shall be issued by the Directors of the
Institutions for Metrology of the Entities, with prior consultations with
the Director of the Institute.
4. It shall be the responsibility of the Director of the Institute to
warn the Governments of the Federation of Bosnia and Herzegovina and the
Republika Srpska if draft regulation is not harmonised with the applicable
European Union regulation or the applicable OIML document.
5. The owners and the users shall be responsible for the proper
functioning of the measuring instruments they use.
Article 28.
1. New measuring instruments manufactured in Bosnia and Herzegovina or
abroad are subjected to initial verification.
2. The initial verification shall be done before putting the measuring
instrument in use or circulation.
3. Request for the initial verification of measuring instruments
manufactured in Bosnia and Herzegovina shall be made by the manufacturer,
and for imported measuring instruments by the importer, or the
representative of the foreign company selling measuring instruments from the
consignment stock.
4. Measuring instruments that are to be imported, and for which
metrological control of the State is compulsory, shall have the certificate
issued by the relevant Institution for Metrology of the Entity on compliance
with required measurement and other conditions. The request for an issuing
certificate on compliance with measurement and other conditions shall be
made by the importer of the measuring instrument or by the representative of
the foreign company.
Article 29.
1. Measuring instruments in use or those being kept ready for use and
putting in circulation are subjected to periodical verification.
2. Periodical verification shall be performed before the expiry of
validity of previous verification.
3. The request for periodical verification of a measuring instrument
shall be made by the owner or user of the measuring instrument.
4. Periodical verification shall be performed in periods prescribed for
each particular kind of measuring instrument by the director of the
Institute, in consultation with the Council.
5. A measuring instrument for which the verification period has expired
shall not be used.
Article 30.
1. The measuring instruments that are repaired or technically modified
are subjected to extraordinary verification.
2. The request for an extraordinary verification of measuring
instruments shall be made by legal persons carrying out the repair or
modification of the measuring instrument.
3. If, during the extraordinary verification, it should be determined
that the measuring instrument does not comply with prescribed measurement
requirements, the authorised official of the Institution for Metrology of
the Entity in the Federation of Bosnia and Herzegovina or the Republika
Srpska shall destroy the seal on the measuring instrument and declare the
previously issued decision on proper functioning of the measuring instrument
null and void by a decision on refusal of verification.
Article 31.
1. The seals used in the verification of measuring instruments become
null and void:
a) if the term of validity of the former verification has
expired,
b) if the seal is changed, damaged or removed,
c) if the seal is cancelled.
2. The decision on the proper functioning of the measuring instrument
also expires with the expiration of the validity of the seal.
VIII - METROLOGICAL CONTROL AND INSPECTION
Article 32.
1. The Institute and the Institutions for Metrology of the Entities in
the Federation of Bosnia and Herzegovina and the Republika Srpska control
the implementation of this Law and regulations introduced for its
implementation.
Article 33.
1. The Director of the Institute, in consultation with the Council,
prescribes measuring instruments, standards and reference materials that are
subjected to the metrological control, as well as the ways and scope of this
control.
2. The Institute controls nominated laboratories, and the Director of
the Institute, in consultation with the Council, prescribes the ways of
metrological control of these laboratories.
Article 34.
1. Entity Institutions for Metrology shall have the right to carry out
check-up verifications of the measuring instruments in use, regardless of
the date of expiry of validity of the verification seal.
Article 35.
1. If the authorized official, during the control of the proper
functioning of the measuring instrument finds that it does not have a
proper seal or certificate on compliance with measurement requirements, the
corresponding Entity Institution for Metrology shall issue a decision that
bans the use or sale of it.
2. If the authorized official, during the control of the proper
functioning of the measuring instrument, finds that it does not function
properly despite the fact that it has a correct verification seal or an
appropriate certificate on compliance with measurement requirements, the
corresponding Entity Institution for Metrology shall issue a decision that
bans the use or sale of it.
3. If the Institute, during the control, finds out that a nominated
legal person does not act in accordance with regulations and does not comply
with the prescribed requirements for nomination, the Director of the
Institute shall make the decision that cancels the nomination.
4. Appeal against the decisions under paragraphs 1, 2 and 3 of this
Article shall not be permitted, but an administrative procedure may be
initiated.
Article 36.
1. Control of the implementation of this Law in the domain of the
control of correctness of the seal on the measuring instrument and the
validity of the certificate on compliance with measurement requirements and
correctness of pre-packed products, shall be carried out by a Market
Surveillance inspection.
2. The Market Surveillance authority will make the decision that bans
the use and sale of unverified and improperly functioning measuring
instruments in terms of this Law.
IX - CONTROL OF QUANTITIES AND MARKING OF PRE-PACKED PRODUCTS
Article 37.
1. Pre-packed products in terms of this Law may be released on market
only if the quantity is marked on them and if the real quantity is within
the permissible range of the deviation from the marked quantity.
Article 38.
1. The authorized official of the Institution for Metrology of the
Entity, inspection or legal person nominated by the Institute performs the
control of quantities of pre-packed products that are released on the market
or will be released on the market.
2. Legal persons dealing with pre-packed products shall inform the
Entity Institution for Metrology responsible for Measuring Instruments as to
such activities.
Article 39.
1. The director of the Institute, in consultation with the Council,
prescribes the way in which the control of pre-packed products is performed,
the manner in which the quantity has to be marked, and as to permissible
deviation of real quantity from marked quantity.
2. If it should be found during control that the pre-packed products do
not comply with the prescribed requirements, or that real quantity marking
is missing, or that actual quantity is not within the permissible range of
deviation from the marked quantity, the appropriate Entity Institution for
Metrology or inspection, shall issue a decision that bans the sale of these
products.
3. It shall not be allowed to appeal against this decision, but an
administrative procedure may be initiated.
X - ARTICLES OF PRECIOUS METALS
Article 40.
1. The Institute performs the following tasks in the field of control
of articles of precious metals:
a) creating draft regulations on control of the articles of
precious metals, including ways of assessing the conformity of articles of
precious metals with regulations,
b) ensuring international traceability of the equipment for
testing of the articles of precious metals,
c) co-ordination of activities of the Entity institutions for
legal metrology in the field of control of articles of precious metals,
d) international co-operation in the field of control of
articles of precious metals.
Article 41.
1. The immediate control of the articles of precious metals is
performed by the Entity Institutions for Metrology.
XI - FINANCIAL PROVISIONS
Article 42.
1. Operations of the Institute are financed from two sources: from the
budget of Bosnia and Herzegovina, and from the income derived from services
the Institute provides to third parties.
2. Activities resulting from the explicit orders of this Law (Article
6; Article 7, paragraph 1; Article 8, paragraph 2; Article 11, paragraph 4)
shall be financed from the budget of Bosnia and Herzegovina.
Article 43.
1. The director of the Institute, in consultation with the Council,
makes and issues regulations together with the tariff defining the amounts
and the method of payment of services provided by the Institute to the third
parties.
Article 44.
1. Expenses referred to in Article 43. shall be borne by the
manufacturer of the measuring instruments, importers, service organizations
or owners or users of measuring instruments and reference materials.
XII - PENAL PROVISIONS
Article 45.
1. A legal person shall be fined between 2.000 KM and 20.000 KM in
cash for the following economic violations:
a) if it releases on the market or uses a measuring instrument
that is not verified in the proper way (Article 27, paragraph 1),
b) if it uses a measuring instrument for which a certificate on
conformity assessment has not been issued or the certificate of the
conformity of the measuring instrument was declared null and void (Article
21, paragraph 2),
c) if it releases on the market or uses an imported measuring
instrument for which a certificate of the Entity Institution for Metrology
of compliance with required measurement and other conditions (Article 28,
paragraph 4) has not been obtained,
d) If it uses the measuring instrument that does not indicate
the measurement results in measuring units as prescribed by law (Article 9,
paragraph 3).
2. The individual responsible for a legal person shall also be fined
between 120 KM and 1.200 KM in cash for violations referred to in paragraph
1 of this Article.
Article 46.
1. A legal person shall be fined between 600 KM and 2.000 KM in cash
for the following violations:
a) If it fails to carry out the initial, periodical or
extraordinary verification of the measuring instrument (Article 27,
paragraph 1),
b) If it uses the measuring instrument for which the prescribed
term of periodical verification has expired, (Article 29, paragraph 5),
c) If it releases a pre-packed product on the market without
any mark of quantity on it, or if the real quantity is not within the
permissible limits of deviation from the marked quantity (Article 37,
paragraph 1).
2. Individuals, including those responsible for a legal person will be
fined between 200 KM and 500 KM in cash for violations referred to in
paragraph 1 of this Article.
Article 47.
1. A legal person shall be subject to an on the spot fine of 250 KM in
cash, in the following cases:
a) If it fails to inform the competent Entity Institution for
Metrology on pre-packing activities (Article 38, paragraph 2),
b) If it fails to keep the records on testing of standards,
measuring instruments and samples of reference materials (Article 35,
paragraph 3),
c) If it does not allow unimpeded control or fails to provide
data required for carrying out of the control (Article 34, paragraph 1),
d) If it uses a measuring instrument that is not functioning
properly, or if it uses the instrument in a manner which does not ensure
the required accuracy of measurement (Article 35, paragraph 2),
e) If it does not have at its disposal at all the measuring
instrument prescribed for performing the activity (Article 21, paragraph 1).
2. Individuals, including those responsible for a legal person shall be
subject to an on the spot fine of 50 KM in cash for violations under
paragraph 1 of this Article.
3. For repeated violations as referred to under Articles 46 and 47 of
this Law, a protective measure of permanent confiscation of the measuring
instrument by the use of which the violation had been committed may also be
imposed, and in addition the protective measure of a temporary ban of six
months duration, or a permanent ban on performance of the activity could be
imposed.
XIII - TRANSITIONAL AND FINAL PROVISIONS
Article 48.
1. Regulations previously brought under the Law on Measuring Units and
Measuring Instruments ("Official Gazette of SFRJ", No 9/84, 18/84, 59/86,
20/89 and 9/90) shall remain in force pending the issue of the new
regulations that will define in details the issues related to metrology.
2. All approvals, certificates, authorizations and decisions issued
prior to the entry into force of this Law shall remain in effect until the
new regulations referred to in paragraph 1 of this Article are issued.
3. The seals on measuring instruments, which were verified prior to the
entry into force of this Law, shall remain in force until the deadline
defined by the Entity Institutions for Metrology.
4. The Law on Measuring Units and Measuring Instruments ("Official
Gazette of RBiH" Nos.14/1993 and 13/1994) is hereby revoked as of the day of
entry into force of this Law.
Article 49.
1. In accordance with Article 13 paragraph 3 of the Law on establishing
the Institute for Standards, Metrology and Intellectual Property, during the
transitional period of three years starting from the date of adoption of the
above mentioned Law, the tasks of the Institute for Metrology of Bosnia and
Herzegovina shall be performed by the Institute for Standards, Metrology and
Intellectual Property of Bosnia and Herzegovina.
Article 50.
1. This Law shall be published without delay in the Official Gazette of
Bosnia and Herzegovina and shall enter into force on the eighth day
following the date of such publication.
2. This Law shall likewise be published without delay in the Official
Gazettes of the Federation of Bosnia and Herzegovina and of the Republika
Srpska.
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Sarajevo, 12 November 2000 | Wolfgang Petritsch | | | High Representative |
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