Act No. 100 / 2013 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended
Valid
Law
Effective from 10.05.2013
100
THE LAW
of 21 March 2013
amending Act No 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 186 / 2006 Coll., Act No. 229 / 2006 Coll., Act No. 481 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 490 / 2009 Coll., Act No. 155 / 2010 Coll., and Act No. 34 / 2011 Coll., is amended as follows:
1. In Section 1, the following paragraph 3 is added:
"(3) This Act also provides for the exercise of public administration in connection with the placing and supply of construction products as defined by the directly applicable regulation for construction products (CE-marked construction products) on the market, including the supervision of compliance with the obligations laid down by the directly applicable regulation for construction products and the imposition of penalties for infringements.
(10) Regulation (EU) No 305 / 2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 / 106 / EEC. "
2. In Article 7, at the end of paragraph 7, the dot is replaced by a comma and the following points (c) to (e) are added:
"(c) bodies for which it has verified that they comply with the requirements of the notified body laid down by the regulation directly applicable to construction products,
(d) the suspension or revocation of the authorisation to carry out the activities provided for in the assessment and verification of the constancy of performance of construction products bearing the CE marking (hereinafter referred to as "the activities of the notified body");
(e) facts and information11), which foresees a directly applicable regulation for construction products, unless otherwise specified in Sections 11c and 18c.
11) For example, Article 42 of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 / 106 / EEC. '
3. At the end of the text of § 9, the words "and, for construction products bearing the CE marking, the assessment and verification of the stability of their properties under the directly applicable regulation for construction products' shall be added.
4. Article 11 (2) shall be replaced by a dot at the end of point (e) and point (f) shall be deleted.
5. The following Sections 11b and 11c are inserted after Section 11a, including footnotes 12 to 15:
Notified bodies
(1) A legal person may carry out the activities of a notified body if, in a procedure conducted by the Office and initiated on request, he proves that he meets the requirements for a notified body, which shall be laid down in Article 43 of the Regulation directly applicable to construction products. The requirements of the application for authorisation to carry out the activities of the notified body (hereinafter referred to as the "authorisation ') shall be laid down in Article 47 of the directly applicable regulation for construction products.
(2) Where the applicant has demonstrated compliance with the requirements referred to in paragraph 1, the Authority shall, within 90 days of the initiation of the procedure, make the notification referred to in Article 7 (7) (c) and inform the applicant thereof; otherwise it shall reject the application. The period referred to in the first sentence may be extended by the Office for a further period of 30 days where the applicant demonstrates his competence in a manner other than through an accreditation certificate.
(3) If neither the European Commission nor any of the Member States of the European Union object to the notification referred to in paragraph 2 within a period of time specified directly by the applicable regulation on construction products, the Authority shall, within two working days of the expiry of that period, issue to the applicant an authorisation. 13 The Office shall subsequently publish in the Office's Bulletin the authorisation notice, including the scope of the authorisation, the date from which the body may carry out the activities of the notified body, the identification number of the notified body allocated to the directly applicable regulation for construction products and the numbers and dates of issue of the authorisation document.
(4) If the European Commission or a Member State of the European Union objects to the notification referred to in paragraph 2 within a time limit set by the directly applicable regulation for construction products (12), the Authority shall invite the applicant to take appropriate measures to remedy the deficiencies and shall provide it with a reasonable period of time. If the applicant removes the deficiencies within the specified period, he shall communicate this to the Office without undue delay. Where the Authority concludes that the applicant has remedied the deficiencies, it shall re-notify it in accordance with paragraph 2. If the applicant does not remedy the deficiencies within the specified time limit, the Office shall reject the application.
(5) The Authority checks that the notified subject14) complies with the obligations and meets the requirements for the notified body laid down by the directly applicable regulation for construction products. Where the notified body does not comply with the obligations laid down or does not meet the applicable requirements, the Authority shall, depending on the seriousness of the non-compliance with those requirements, partially or completely with the authorisation of the notified body.
(a) suspend; or
(b) cancel.
(6) An appeal against a decision of the Office to suspend or revoke an authorisation shall not have suspensory effect. The Authority shall also decide to suspend or revoke an authorisation at the request of a notified body. The Office shall publish a notice of suspension or revocation in the Official Journal of the Office.
(7) In the decision suspending the authorisation, the Office shall set a time limit for redress. Where a notified body provides for a remedy, it shall communicate that fact without undue delay to the Office. If the Office finds that the remedy is sufficient, it shall revoke the suspension decision. If the notified body has not acted within the time limit set, the Authority shall decide to revoke the authorisation.
(8) In the event that the notified body's authorisation has been definitively revoked, that body shall submit to the Authority all documents relating to the implementation of the activities of the notified body. In the event of a final suspension of an authorisation, the notified body shall transmit the documents referred to in the first sentence of the Office, if requested by the Office.
(9) Article 11 and 11a shall not apply to notified bodies.
(10) The Office shall ensure that notified bodies are kept regularly informed of the subject matter and the outcome of the deliberations of a group of notified bodies established under the directly applicable regulation for construction products, where appropriate, so that representatives of notified bodies can participate in that group.
Technical assessment bodies
(1) The Ministry may, upon request, entrust a legal person with the performance of the activities of the Technical Assessment Body (15) if it meets the requirements laid down directly by the applicable regulation for construction products.
(2) The Ministry checks that the Technical Assessment Body complies with the obligations and complies with the requirements laid down in the directly applicable regulation for construction products. If the Technical Assessment Body fails to comply with these obligations and requirements, the Ministry shall revoke its mandate to carry out the activities of the Technical Assessment Body.
(3) The Ministry shall, in accordance with the provisions directly applicable to construction products, notify the European Commission and the Member States of the European Union of the name and registered office of the Technical Assessment Body and of the groups of products for which the Technical Assessment Body has been entrusted, of any modification of such data as well as of the revocation of the mandate. The Ministry shall also inform the European Commission of the national procedure for the designation of technical assessment bodies, the control of their activities and competence, and of any changes to that information.
12) Article 48 (5) of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council.
13) § 151 of Act No. 500 / 2004 Coll., Administrative Regulation.
14) Article 39 of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council.
15) Article 30 of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council. '
6. In Paragraph 13 (8), the second sentence is deleted.
7. In Article 13, paragraph 15 is added:
"(15) Paragraphs 1 to 14 shall not apply to construction products bearing the CE marking, the placing and making available on the market of which is regulated directly by the applicable regulation for construction products. ';
8. The following Section 13c is inserted after Section 13b:
Where a CE-marked construction product is placed or made available on the market in the Czech Republic, the declaration of performance provided for it and the instructions and safety information attached to it in the Czech language shall be given. '
9. In Section 16 of the heading: "Award of accreditation '.
10. Paragraph 16 (1) to (3) reads as follows:
"(1) The accreditation body shall decide on the accreditation at the request of the conformity assessment body. The granting of accreditation and the existence of an authorisation to act as an accredited conformity assessment body within the scope of the accreditation granted shall be accompanied by an accreditation certificate (hereinafter referred to as the certificate).
(2) The application must include, in addition to the general procedural requirements, the scope of the conformity assessment activities for which accreditation is to be granted (hereinafter referred to as the scope of accreditation). The accreditation body may request further information or documents if they are necessary to assess the required scope of accreditation.
(3) The accreditation body shall grant accreditation to a conformity assessment body which demonstrates that it meets the requirements for carrying out a specific conformity assessment activity which lays down harmonised standards and, where appropriate, other documents in force in the area of conformity assessment (hereinafter referred to as accreditation requirements). In assessing the application, the accreditation body shall take into account the previous accreditation which has been granted to the same conformity assessment body. Where the conformity assessment body does not meet the accreditation requirements, the accreditation body shall reject the application by decision of the accreditation body. If this cannot be done without delay, the accreditation body shall decide on the application no later than 120 days after the initiation of the procedure. In particularly complex cases, that period may be extended by another 90 days. ';
11. in Article 16, paragraphs 5 to 8 read:
"(5) The certificate shall include the designation of the accreditation body and the conformity assessment body, the definition of the scope of the accreditation granted, the list of harmonised standards or other documents used in the assessment of the accreditation application and the duration of the accreditation. The certificate shall also include the number of the certificate, the date of the copy, the stamp of the official, the name, surname, office and signature of the authorised official. The certificate may also be issued in a foreign language upon request. The notification of accreditation shall be published in the Bulletin of the Office. The accreditation body shall also publish the information on the accreditation in a way that allows remote access.
(6) The accreditation body shall subsequently verify compliance with the accreditation requirements with the conformity assessment body's costs. Where the accreditation body finds that the conformity assessment body does not comply with the accreditation requirements on the basis of which it has been accredited, it shall decide on the suspension of the accreditation and shall set a time limit for redress. If the conformity assessment body fails to remedy it within the time limit set, the accreditation body shall decide whether to limit the scope of the accreditation or cancel it. Where the accreditation body decides to limit the scope of accreditation, it shall issue to the conformity assessment body an appropriate certificate replacing the certificate previously issued. The fourth and fifth sentences of paragraph 5 shall apply mutatis mutandis to decisions suspending or withdrawing accreditation.
(7) The accreditation body shall, at the request of the conformity assessment body:
(a) extension of the scope of accreditation;
(b) limitation of the scope of accreditation;
(c) the extension of the accreditation granted;
(d) the merging of valid certificates issued for the same conformity assessment body;
(e) suspension of accreditation;
(f) the revocation of accreditation; or
(g) the revocation of the decision suspending the accreditation.
The procedures for applications referred to in points (a) to (d) and (g) shall be treated mutatis mutandis in accordance with paragraphs 1 to 5; the new certificates replace those previously issued. The application referred to in point (c) shall be submitted no later than 120 days before the expiry of the accreditation granted. In the procedures referred to in point (d), the accreditation body shall make use of the supporting documents for decisions on applications for accreditation. If the accreditation body does not determine that the effects of the new decision granting the application under points (a) to (f) occur at other times, the legal power of that decision shall prevent the effects of existing decisions. Upon request of the conformity assessment body, the accreditation body shall record other changes to the data in the file and issue a new certificate.
(8) The Ministry shall decide on the appeal against the decision of the accreditation body to reject the application for accreditation, the suspension of accreditation, the revocation of accreditation, the refusal of the application for extension of the scope of accreditation, the refusal of the application for renewal of the accreditation granted and the refusal of the request for revocation of the decision on suspension of accreditation. An appeal against the other decisions and decisions of the accreditation body shall be decided by the statutory body of the accreditation body. The appeal shall not have suspensory effect. ';
12. In Article 16, the following paragraph 9 is added:
"(9) Where the accreditation body receives a complaint concerning the activities of a conformity assessment body to which it has issued a certificate, it shall examine it and report the outcome of the investigation to the complainant within 60 days of receipt of the complaint. Where a complaint has been found to be justified, the accreditation body shall take the necessary measures to remedy it as referred to in paragraph 6 without delay. In this case, the conformity assessment body shall replace the accreditation body with the actual costs incurred in investigating the complaint. ';
13.
Public accreditation contract
The accreditation body may conclude a public contract with a conformity assessment body to grant accreditation, to extend the scope of accreditation, to limit the scope of accreditation, to extend the validity of the accreditation granted or to merge valid certificates issued for the same conformity assessment body. The public contract shall replace the procedure for the processing of an application pursuant to Article 16 (1) or Article 16 (7) (a), (b), (c) or (d). For public contracts, the second sentence of Article 16 (1), the second sentence of Article 16 (3), the first sentence of Article 16 (4) and Article 16 (5), (6) and (9) shall apply mutatis mutandis. An application for the conclusion of a public contract for the extension of the accreditation granted shall be submitted by the body no later than 120 days before the expiry of the accreditation granted. ';
14. In Article 18 (1), the words "whether construction products bearing the CE marking are placed and made available on the market in accordance with the directly applicable rules for construction products, whether operators comply with their obligations under this law and the directly applicable rules for construction products," shall be inserted after the words "provided for by this law."
15. in Article 18 (2) (a), the words "or a directly applicable regulation for construction products" shall be inserted after the words "or, where appropriate, the provisions issued for its implementation," and the words "the regulations issued for its implementation" shall be replaced by the words "the regulations issued for its implementation, or the provisions directly applicable to construction products."
16. in Article 18 (2) (b), the words "or directly applicable to construction products" shall be inserted after the words "or directly applicable to construction products" and the words "or directly applicable to construction products" shall be inserted after the words "does not meet the requirements of this law."
17. in Paragraph 18 (3):
"(3) The supervisory authority may, if there is reasonable doubt that a specified product does not comply with the technical requirements laid down in the relevant Government Regulation pursuant to Article 12 (1) (b), require the authorised person to provide information and documents relating to the conformity assessment of that product, including a certificate issued pursuant to Article 11a (2) (c) (1), technical documentation and test reports. In addition, the supervisory authority may initiate an authorised person to review a certificate issued under Paragraph 11a (2) (c) (1). Where it is established that a specified product does not comply with the requirements of the first sentence, the supervisory authority shall notify the competent authorised person accordingly. At the same time, it may require it to withdraw a certificate issued under Paragraph 11a (2) (c) (1). ';
18. In Article 18, paragraphs 4 and 5 are added, including footnote 16:
"(4) Where the supervisory authority has reasonable doubts that a construction product bearing the CE marking does not comply with the requirements laid down in the directly applicable regulation for construction products, it may request from the relevant notified body information and documents concerning the assessment and verification of the constancy of performance of that product, including the certificate issued, the technical documentation and test reports. Where the supervisory authority finds that a construction product with a CE marking does not comply with the requirements referred to in paragraph 1, it shall inform the notified body involved in the assessment and verification of the stability of the characteristics of that product accordingly.
(5) If the relevant national authority is mentioned in the directly applicable regulation for construction products (16), this authority in the Czech Republic is the supervisory authority.
16) Articles 11 to 14 and 43 of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council. ';
19. in Article 18a (1), the words "or the regulation directly applicable to construction products" shall be inserted after the word "the law."
20. in Article 18a (3), the words "or a directly applicable regulation for construction products" shall be inserted after the word "the law."
21. in Paragraph 18b, the following paragraph 7 is added:
"(7) Paragraphs 1 to 6 shall not apply to construction products bearing the CE marking. ';
22. the following Section 18c is inserted after Section 18b, which includes the title:
Provision of information on construction products with CE marking
(1) Where the supervisory authority finds that a construction product with a CE marking does not comply with the requirements laid down in the directly applicable regulation for construction products, or that such product constitutes a threat to the legitimate interest, and non-compliance may also jeopardise the legitimate interests of entities in the Member States of the European Union, it shall inform the European Commission and the competent authorities of the Member States of the European Union.
(2) Where the supervisory authority adopts measures in accordance with Article 18 (3) or (4) against a construction product bearing the CE marking, it shall immediately inform the European Commission and the competent authorities of the Member States of the European Union thereof.
(3) The scope of the information provided under paragraphs 1 and 2 provides for a direct applicable regulation for construction products.
(4) Where the supervisory authority receives a notification from the European Commission or the competent authority of a Member State of the European Union of the adoption of measures against a construction product bearing the CE marking, it shall immediately forward the notification to the Ministry. In addition to this notification, the supervisory authority shall provide the Ministry with all information on the non-compliance of this product with the requirements laid down by the directly applicable regulation for the construction products at its disposal and shall inform it of any measures already taken in relation to this product. The Ministry shall provide this information without delay to the European Commission and the competent authorities of the Member States of the European Union, together with any objections to the measures taken by the competent authorities of other Member States of the European Union. ';
23. in Article 19 (1) (a):
"(a) misuse of the CE marking or any other marking, certificate or other document provided for in this Act, or a directly applicable regulation for construction products, or a certificate or other document pursuant to this Act or a directly applicable regulation for construction products, shall be falsified or amended,";
24. in Article 19a (1) (a):
"(a) misuse of the CE marking or any other marking, certificate or other document provided for in this Act, or of a directly applicable regulation for construction products, or of a certificate or other document under this Act or of a directly applicable regulation for construction products,"
25. in Article 19a (1) (d), the word "or" shall be deleted;
26. in Paragraph 19a (1) (e):
"(e) in contravention of Article 16 (1), acts as an accredited conformity assessment body without any accreditation granted or outside the scope of accreditation granted,"
27. in Article 19a (1), the following points (f) and (g) are added:
"(f) fails to comply with any of the safeguard measures granted under Paragraph 18a (1), (3) or (4); or
(g) fails to fulfil any of the obligations imposed by the supervisory authority under Article 18 (2) (c) or (d). ';
28. in Article 19a (3), the word "or" shall be added at the end of point (a).
29. in Article 19a (3), at the end of point (b), comma shall be replaced by a dot and points (c) and (d) shall be deleted;
30. In Paragraph 19a, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) A natural person who is a legal or legal person commits an administrative offence by:
(a) the manufacturer, importer or authorised representative in accordance with the directly applicable regulation for construction products does not fulfil any of the obligations under the directly applicable regulation for construction products; or
(b) the distributor does not fulfil any of the obligations under the directly applicable regulation for construction products under the directly applicable regulation for construction products.
(6) A legal person commits an administrative offence by:
(a) in breach of Article 11b (1), carry out the activities of the notified body without authorisation;
(b) as a notified body does not fulfil any of the information obligations of the notified body under the directly applicable regulation for construction products;
(c) as a notified body in contravention of the directly applicable regulation for construction products, issue a certificate without fulfilling the conditions of the directly applicable regulation for construction products; or
(d) it fails to comply with the obligation to restrict, suspend or withdraw the certificate in accordance with the rules directly applicable to construction products. "
Paragraph 5 shall become paragraph 7.
31. in Article 19a (7) (a), the words "paragraph 1 (f) or (g) or" shall be inserted after the words "on administrative offences";
32. in Article 19a (7), the words "or paragraph 6 (a)" shall be added at the end of the text of point (b).
33.In Article 19a (7) (c), the words "or paragraph 2" are replaced by the words "paragraph 2 or paragraph 6 (b), (c) or (d)."
34. in Article 19a (7), the words "or 5" shall be added at the end of the text of point (d).
35. in Paragraph 19b (4):
"(4) Administrative offences under Articles 19 (1) (b) and (c), 19a (1) (b) to (e) and 19a (2) and (6) shall be dealt with at first instance by the Office. Administrative offences referred to in Articles 19 (1) (a), 19a (1) (a), (f) and (g) and 19a (3), (4) and (5) shall be dealt with by the supervisory authority. ';
36. In Section 20, the first sentence, including footnote 7, is deleted.
Transitional provisions
1. The procedure for authorising the activities of conformity assessment of construction products pursuant to Government Decree No. 190 / 2002 Coll., laying down technical requirements for construction products named CE, as effective until the date of entry into force of this Act, which was not definitively terminated before the date of entry into force of this Act, is hereby terminated on 1 July 2013.
2. The decision to authorise activities in conformity assessment of construction products pursuant to Government Decree No. 190 / 2002 Coll., laying down technical requirements for construction products designated by the CE, as effective until the date of entry into force of this Act, issued under the existing legislation, expires on 1 July 2013.
3. The procedure for issuing the accreditation certificate, initiated pursuant to Act No. 22 / 1997 Coll., as effective before the date of entry into force of this Act, shall be completed according to the existing legislation.
4. Accreditation certificates issued pursuant to Act No. 22 / 1997 Coll., as effective before the date of entry into force of this Act, shall be considered as accreditation certificates pursuant to Act No. 22 / 1997 Coll., as effective from the date of entry into force of the Act.
The following shall be deleted:
1. Government Decree No. 190 / 2002 Coll., laying down technical requirements for construction products referred to as CE.
2. Government Regulation No. 128 / 2004 Coll., amending Government Regulation No. 190 / 2002 Coll., laying down technical requirements for construction products named CE, as amended by Government Regulation No. 251 / 2003 Coll.
Efficacy
This Law shall take effect on the 15th day following its publication, except as provided for in:
(a) Articles I (7), (8), (14) to (16) and (18) to (35) and Article III, which shall take effect on 1 July 2013;
(b) Article I (13), which shall take effect on 1 January 2014.
Germany
Zeman v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 100 / 2013 Coll., amending Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2013 |
|---|---|
| Effective from | 10.05.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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