Act No. 102 / 2001 Coll.
Act on general product safety and amending certain laws (Act on general product safety)
Valid
Law
Effective from 01.07.2001
Contents
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102
THE LAW
of 22 February 2001
on general product safety and amending certain laws (General product safety law)
Parliament has decided on this law of the Czech Republic:
GENERAL SECURITY OF PRODUCTS
Subject matter
(1) The purpose of this Act is to ensure, in accordance with the law of the European Communities, (1) that products placed on the market (2) or before circulation (3) are safe for consumers in terms of safety and health (4).
(2) This law shall apply to the assessment of the safety of a product or to the restriction of risks associated with the use of a product where the safety or risk limitation requirements do not provide for the relevant provisions of a specific legislation, (5) which take over the requirements laid down by European Community law.
Product
(1) The product for the purposes of this Act is any movable item which has been manufactured, extracted or otherwise acquired, regardless of the degree of processing thereof, and is intended to offer to the consumer, or it is reasonably foreseeable that it will be used by the consumer, including the item provided for in the service, even if it has not been intended to offer to the consumer, provided that the item is supplied in the course of business by way of consideration or free of charge, as new or used or modified.
(2) This law does not apply to used products sold as antiques or to products which must be repaired or modified before use and the seller has shown this to the buyer.
General safety requirements for the product
(1) A safe product is a product which, under normal or reasonably foreseeable conditions of use, does not present a hazard for the period specified by the manufacturer or for the period of normal applicability, or the use of which, in view of the safety and health of the consumer, represents only a minimum risk to the use of the product, while following in particular the risk to the safety and health of the consumer:
(a) the characteristics of the product, its durability, composition, packaging method, provision of instructions for its installation and entry into service, availability, content and clarity of the instructions, use method including definition of the use environment, method of identification, method of execution and labelling of warnings, maintenance and disposal instructions, clarity and scope of other information and information provided by the manufacturer; the data and information must always be in the Czech language,
(b) effect on another product, provided that it is used with another product;
(c) the method of demonstrating the product;
(d) risks to consumers who may be at risk when using the product, in particular children and persons with reduced mobility.
(2) A product complying with the requirements of a specific legislation shall be considered as a safe product, 5) which shall take over the law of the European Communities and laying down requirements on the safety of the product or on the limits of the risks associated with the product when it is used. However, where such legislation only provides for certain aspects of safety, other aspects shall be assessed in accordance with this law.
(3) In the absence of a specific legislation, (5) which transmits the law of the European Communities and which lays down requirements for the safety of a product or for the restriction of risks associated with the product when it is used and which are not regulated by European Community law, a product which is in conformity with the legislation of the Member State of the European Union on whose territory it is placed on the market shall be considered safe provided that this Regulation guarantees at least protection equivalent to that laid down in paragraph 1.
(4) Where the safety of a product is not determined in accordance with paragraph 2 or 3, a reference in the Official Journal of the European Communities under the law of the European Communities shall be assessed in accordance with the Czech technical standard, which shall take over the relevant European standard at which the Commission published the reference in the Official Journal of the European Communities under the law of the European Communities (6), and that reference shall be published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing. 7)
(5) Where product safety is not determined in accordance with paragraphs 2 to 4, the product safety shall be assessed in accordance with:
(a) Czech technical standards, 7a) which take over the relevant European standard other than that referred to in paragraph 4;
(b) national technical standards of the Member State of the European Union in which the product is placed on the market;
(c) a recommendation from the Commission setting out guidelines for the product safety assessment;
(d) the rules of good practice for product safety applied in the relevant field;
(e) the state of science and technology;
(f) a reasonable consumer's expectation of safety.
(6) The possibility of achieving a higher level of safety or the availability of other products representing a lower level of risk is not a reason to consider the product to be dangerous.
(7) Any product which does not comply with the requirements of this Act is a dangerous product.
Supporting documentation and product labelling
(1) The product placed on the market must be accompanied by documentation in accordance with the requirements of the specific legislation and marked.
(2) The accompanying documentation of the product is the documents required under specific legislation to take over and use the goods.
(3) For the purposes of this Act, product labelling is information enabling an assessment of the risks associated with its use or any information related to product safety. In addition, the product shall be provided with the information necessary to identify the manufacturer and the product or series of products, as appropriate, in accordance with specific legislation7b.
(4) Where a product meets the safety requirements by virtue of its characteristics, but a certain method of its use may endanger the safety of the consumer, the manufacturer or distributor who places such products on the market or put into circulation shall be obliged to indicate that danger in the accompanying documentation, unless that hazard is obvious. At the same time, these persons are required to identify precisely the parts of the product which may cause danger and describe the way in which they are used safely. This warning does not relieve the manufacturer or distributor of the obligation to ensure other safety requirements of the product.
Obligations of persons to ensure the safety of the product placed on the market and put into circulation
(1) For the purposes of this Act, the manufacturer shall be:
(a) a person established in the Czech Republic or in another Member State of the European Union who has produced the final product, as well as any other person acting as a manufacturer by indicating on the product his trade name, trade mark or other distinguishing mark, or by the person who modifies the product;
(b) an authorised representative of the manufacturer as the person who has been authorised in writing to act for him, unless the manufacturer is established in the Czech Republic or in another Member State of the European Union;
(c) importer, 7c) if no authorised representative of the manufacturer is established in the Czech Republic or in another Member State of the European Union; or
(d) other persons in the supply chain whose activity has a demonstrable impact on the characteristics of the product.
(2) For the purposes of this Act, the distributor is any person who carries out a subsequent post-marketing business in the supply chain as well as any other person in the supply chain, provided that their activity does not affect product safety characteristics.
(3) Only safe products should be placed on the market by the manufacturer.
(4) The distributor must not distribute such products placed on the market which, on the basis of his information and expertise, he or she may assume are not in conformity with product safety requirements.
(5) The manufacturer shall, where necessary to avoid existing risks, take samples of products placed on the market and carry out safety tests.
(6) The manufacturer shall be obliged to take measures to enable him to be informed of the safety of the product produced by him, even after being placed on the market and put into circulation. If the manufacturer or distributor finds that the product is dangerous, they shall draw the consumer's attention to this fact and withdraw the dangerous product from the market and recall, the measure aimed at preventing the distribution, offering or exposure of the dangerous product being considered as withdrawal.
(7) The manufacturer or distributor shall also be obliged to allow the person who owns or holds a dangerous product to return it to the manufacturer or distributor at their expense. If the manufacturer or distributor fails to comply with these obligations, the supervisory authority shall be entitled, if life, health or property is at risk, to order, in addition to the imposition of a fine, the destruction of the product on the expense of the non-compliance with the obligation to withdraw the product.
(8) Where the manufacturer or distributor has placed a dangerous product on the market or put into circulation, it shall notify the competent supervisory authority (Article 7 (1)) immediately after it has established that fact. Both the manufacturer and the distributor shall cooperate with the competent supervisory authorities on measures aimed at eliminating or limiting the risk arising from a dangerous product.
(9) In the event of a serious risk which is considered to be an immediate risk or a risk whose effects are not immediate but serious to the safety of the consumer and therefore require rapid intervention, the notification provided for in paragraph 8 shall include at least:
(a) data enabling the product or series of products to be accurately identified;
(b) a full description of the risk posed by the products in question;
(c) any available information relevant to the tracking of the product;
(d) a description of the measures taken to prevent risks to consumers.
(10) The distributor must participate in activities related to ensuring the safety of products placed on the market, in particular by providing information on the risks associated with the product. It shall maintain and provide the written information necessary to trace the origin of the product and cooperate in actions carried out by manufacturers, supervisory authorities and bodies carrying out the measures provided for in Article 6 of this Act. In the framework of its activities, it must take measures to enable them to cooperate effectively.
Measures taken by public authorities
The authorities of the State and the authorities of the Territorial Authority in delegated responsibility shall, within the limits of their competence, take all measures necessary to prevent or prevent the import, export and marketing of products which are dangerous. Products on the market which are dangerous are obliged to inform the consumer public by all means available, for example through mass media. Such cases shall not be subject to a confidentiality obligation imposed under specific legislation. 8)
Supervision
(1) Supervision of the placing on the market and putting into circulation of safe products (Sections 3 (1) to (6)) shall be carried out by the supervisory authorities, as appropriate, resulting from the nature of the particular product, established by specific legislation. where the supervisory authority cannot be so established, the Czech Trade Inspection Authority (hereinafter referred to as the "supervisory authorities') shall be responsible for carrying out supervision.
(2) The supervisory authorities are authorised to carry out safety checks on product characteristics. To that end, they shall be entitled to:
(a) take a product or sample from a series of products and subject them to a safety test;
(b) to check that the actual characteristics of the product meet the safety requirements;
(c) assess whether the product to be placed on the market contains a risk warning which may give rise to the use of the product;
(d) inform, in a timely and appropriate manner, persons who may be exposed to the risk posed by the product of that risk;
(e) prohibit the placing on the market, offering or display of a product or a series of products for as long as there is reasonable information that such a product is dangerous, for the duration of the check;
(f) prohibit the placing on the market of a product or a series of products which have been shown to be dangerous;
(g) order the immediate withdrawal of a product or series of products which are dangerous and have already been placed on the market; where necessary, ensure that they are destroyed when the conditions laid down are met;
(h) order the re-take-over of a dangerous product from the consumer, unless the manufacturer or distributor does so in accordance with the first sentence of Article 5 (7).
(3) The procedure referred to in paragraph 2 may, depending on the nature of the case, be applied against the manufacturer, distributor and, where necessary, against all other persons concerned.
(4) In the procedure referred to in points (e) to (h) of paragraph 2, objections or appeals shall not have suspensory effect.
(5) The supervisory authorities shall be entitled to take measures to restrict the placing on the market and putting into circulation or to order its withdrawal from the market and from circulation or take-back even if there is evidence that, despite compliance with the safety requirements set out in Section 3, the product is dangerous.
Transfers
(1) The manufacturer commits an infringement by:
(a) they shall not affix the accompanying documentation to the product placed on the market or mark it in accordance with Article 4 (1);
(b) they shall not affix the product in accordance with specific legislation 7b) the data necessary to identify the manufacturer and the product or, where appropriate, the product series referred to in Article 4 (3);
(c) placing on the market dangerous products;
(d) does not take samples of products placed on the market and do not carry out safety tests where necessary to avoid existing risks; or
(e) it does not take measures to enable it to be informed of the safety of the product produced by it, even after it has been placed on the market and put into circulation.
(2) The distributor commits an infringement by:
(a) in contravention of Article 5 (4), distributes such products placed on the market which, on the basis of their information and expertise, are known or likely to assume that they do not comply with product safety requirements;
(b) do not participate in activities related to ensuring the safety of products placed on the market; or
(c) does not maintain and provide the written information necessary to trace the origin of the product and does not cooperate in actions carried out by manufacturers, supervisory authorities and authorities carrying out the measures in accordance with Article 6.
(3) A manufacturer or distributor commits an infringement by:
(a) does not indicate in the accompanying documentation the possible risks associated with a particular use of the product in accordance with Article 4 (4);
(b) not to alert consumers to the fact that the product is dangerous and does not withdraw the dangerous product from the market and from circulation;
(c) does not allow a person who owns or holds a dangerous product to return it to the manufacturer or distributor at their expense;
(d) not notify the competent supervisory authority that it has placed a dangerous product on the market or put into circulation as soon as it has been established,
(e) does not cooperate with the competent supervisory authorities on measures aimed at eliminating or limiting the risk arising from a dangerous product pursuant to Article 5 (8); or
(f) in the event of a serious risk, the notification referred to in Article 5 (8) shall not contain at least data enabling the product or series of products to be identified accurately, the full description of the risk posed by the products concerned, any available information relevant for the tracing of the product and the measures taken to prevent risks to consumers.
(4) A fine of up to 50 000 000 CZK may be imposed for the offence referred to in paragraphs 1 to 3.
(5) Transfers under this law shall be dealt with by the supervisory authority.
(6) The fines shall be collected by the administrative authority which imposed them.
(7) For offences referred to in paragraphs 1 to 3, administrative penalties may not be waived.
System for the rapid exchange of information on non-food products
(1) The Ministry of Industry and Trade is the national contact point for a Rapid Information Exchange System ("National Contact Point") on products which are not food, feed or medicinal products ("Non-food product") posing a serious risk to consumers.
(2) The national contact point and the supervisory authorities are the national network for the rapid exchange of information on non-food products of the European Union. The operation of the national network shall be organised by a national contact point. The supervisory authorities shall cooperate with the national contact point.
(3) The European Commission's guidance on the management of the European Union system for the rapid exchange of information on non-food products16).
Notification obligation
(1) The supervisory authority is required to notify the findings of the presence of a dangerous non-food product to the national contact point.
(2) Where the risk arising from a dangerous non-food product may exceed the territory of the Czech Republic, the national contact point shall immediately inform the Commission of the presence of such product.
(3) Where a national contact point receives from the Commission a decision on the presence of a dangerous non-food product outside the territory of the Czech Republic, but within the European Union, it shall notify it without undue delay to the competent supervisory authority which shall prohibit the placing on the market or putting into circulation within 20 calendar days, or order the withdrawal of such product from the market or from circulation, unless a different period is provided for in the Commission Decision.
(4) In order to ensure the functioning of the rapid exchange of information provided for in Section 8a, the Government shall, by its regulation, establish procedures, content and form for information on the presence of non-food products which are dangerous.
(5) The provisions of paragraphs 1 to 4 shall not apply to medicinal products and to the notification of adverse events of medical devices under specific regulations. 9b)
(6) The staff of the competent ministries and supervisory authorities shall be required to maintain confidentiality regarding information obtained within their competence in the field of general product safety, except for information which must be published in the interests of consumer health and safety and to ensure effective market control and the activities of the supervisory authorities.
Protection of the market against dangerous or insufficiently labelled products imported from countries not members of the European Communities
(1) The customs authorities shall carry out checks on products proposed for release for free circulation under the provisions of the directly applicable Regulation of the European Communities which regulates the requirements for accreditation and market surveillance relating to the placing on the market of products (11).
(2) The customs authorities will not release a dangerous product for the customs procedure of export or outward processing whose export is prohibited by Commission Decision 12).
Information obligation
(1) The Ministry of Industry and Trade shall inform the Commission of the authorities designated as responsible for carrying out market surveillance.
(2) The Ministry of Finance, as a central body of the State Administration for Fees and (14) informs the Commission of:
(a) details of the labelling and accompanying documentation of the products to be checked; and
(b) the identification of specialised points for the control of certain goods in the customs procedure, where it is decided that such procedure is necessary.
Where a product presents a serious risk to the health and safety of consumers, the Government may, in accordance with the European CommunityRegulation (15) and by Commission Decision, lay down details concerning the safety of the product or its safety activities related thereto by the regulation; more specifically, the following criteria may be established from a safety point of view:
(a) the requirement to carry out a particular type, scale or method of testing, depending on the type of product;
(b) verification of the product characteristics of the product;
(c) the restriction of the supply of the product, in particular the restriction of supply for a particular population group;
(d) conditions for sale, including length of sale;
(e) the equipment of the product by warning markings, including the form of their execution;
(f) equipment of the product by accompanying documentation, in particular the definition of its type or content;
(g) the storage of the dossier, in particular its specification, the identification of the person who is obliged to keep it or, where appropriate, the time limits for its storage.
Amendment to the Act on Technical Requirements for Products
In Act No. 22 / 1997 Coll., on technical requirements for products and on the amendment and addition of certain other laws, as amended by Act No. 71 / 2000 Coll., Section 8, including the title, is deleted.
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll. and Act No. 258 / 2000 Coll., is amended as follows:
1. in Paragraph 2 (1) (i) shall be deleted;
2. Article 7, including the title, shall be deleted;
3. in Section 21, the words "dangerous products and 'are deleted; in the first sentence of Article 21, the words" dangerous products' shall be deleted after the word "placing '; in the second sentence, the words" dangerous products and' shall be deleted from the heading "O ';
4. In Paragraph 23a (4), the words "dangerous product or 'shall be deleted after the word" recall'.
5. in the first sentence of Article 23a (5), the words "dangerous product 'shall be deleted after the word" return'; in the second sentence, the words "dangerous product or 'are deleted after the word" return' and in the third sentence, the words "dangerous product or 'are deleted after the word" takeover'.
6. In Article 24 (1), the figure "7 'is deleted.
Amendment of the Act on Czech Trade Inspection
Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 189 / 1999 Coll., Act No. 71 / 2000 Coll. and Act No. 145 / 2000 Coll., is amended as follows:
1. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following point (g) is added:
"(g) whether products placed on the market are safe. 1d)
1d) Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety). '.
2. In Article 13 (1), the following is added at the end of point (b): "in order to improve consumer protection and safety, to improve information and to overcome the undesirable behaviour of consumers and business operators operating in the internal market and to create a favourable environment for the sale of products, goods and services'.
3. In Article 13, the following paragraph 5 is added:
"(5) Where the Czech Trade Inspection Office receives a communication from the customs authorities on the suspension of the procedure for release for free circulation due to a suspicion that the product is not safe or labelled in accordance with the laws, regulations or international treaties by which the Czech Republic is bound, it shall issue a binding opinion within three working days to that authority as to whether the suspension is justified and what measures have been taken in a particular case or that the product may be released for circulation. ';
Amendment of veterinary law
Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll. and Act No. 154 / 2000 Coll., is amended as follows:
1. the following shall be added at the end of Article 10 (1) (a): "and spongiform encephalopathy of bovine animals (BSE)."
2. in Article 10 (1) (b), the words "spongiform encephalopathy of bovine animals (BSE)" shall be deleted;
3. Paragraph 67 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
4. In Article 68 (1) and (2), the words "50% 'are deleted.
5. Paragraph 68 (3) reads as follows:
"(3) The compensation shall be reduced by 20% of the price of the animal if the animal has necessarily been slaughtered, killed or killed as a result of a dangerous disease for which protective vaccination is recommended and the breeder has not used this option. ';
EFFECTIVE
This Act shall enter into force on 1 July 2001, with the exception of Sections 9 to 12, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
Zeman v. r.
(1) Directive 2001 / 95 / EC of the European Parliament and of the Council on general product safety and Council Regulation No 339 / 93 / EEC on conformity checks with product safety rules for products imported from third countries.
2) Article 2 (b) of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended.
3) § 2 (o) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, as amended.
4) Paragraph 52 (3) of the Civil Code.
(c) Directive 2001 / 96 / EC of the European Parliament and of the Council of 13 July 2002 on the laws, regulations and administrative provisions of the Community and of the Member States concerning the laws, regulations and administrative provisions of the Community and the laws of the Member States concerning the laws of the Member States relating to personal protective equipment (OJ 1999 L 201, p.
6) Article 4 of Directive 2001 / 95 / EC of the European Parliament and of the Council.
7) Paragraph 4a (4) of Act No. 22 / 1997 Coll., as amended.
7a) Act No. 22 / 1997 Coll., as amended.
7b) For example the Commercial Code, Act No. 123 / 2000 Coll., Decree No. 181 / 2001 Coll., as amended by Decree No. 336 / 2001 Coll., Decree No. 191 / 2001 Coll., as amended by Decree No. 337 / 2001 Coll., and Decree No. 286 / 2001 Coll.
7c) § 2 (e) of Act No. 22 / 1997 Coll., as amended.
8) Act No. 255 / 2012 Coll., on Control (Control Regulations).
9b) Act No. 123 / 2000 Coll.
11) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93.
(12) Regulation (EU) No 952 / 2013 of the European Parliament and of the Council laying down the Union Customs Code.
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Regulation Information
| Citation | Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2001 |
|---|---|
| Effective from | 01.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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