Government Decree No. 128 / 2004 Coll.
Government Regulation amending Government Decree No. 190 / 2002 Coll., laying down technical requirements for construction products named CE, as amended by Government Decree No. 251 / 2003 Coll.
Valid
Regulation
Effective from 01.05.2004
Text versions:
01.05.2004
24.03.2004
128
GOVERNMENT REGULATION
of 25 February 2004
amending Government Regulation No 190 / 2002 Coll., laying down technical requirements for construction products referred to as CE, as amended by Government Regulation No 251 / 2003 Coll.
The Government orders pursuant to Section 22 of 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. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 12 and 13 of the Act:
Government Decree No. 190 / 2002 Coll., laying down technical requirements for construction products named CE, as amended by Government Decree No. 251 / 2003 Coll., is amended as follows:
1. In Article 1 (2), at the end of point (c), the words "which are Czech or foreign technical standards notified by the Commission of the European Communities (hereinafter referred to as" the Commission ") in the absence of harmonised European standards or European technical approvals as referred to in points (a) or (b) (hereinafter referred to as" the specified standards ") shall be added."
2. In Article 2 (c), the words "(hereinafter referred to as authorising authorising officer) 'shall be inserted after the words" pursuant to Article 4' and the words "this' shall be replaced by the words" authorising officer '.
3. In the first sentence of Article 3 (2), the words "the graphic form of which is laid down in a specific legislative act 3a 'shall be inserted after the words" CE marking'.
footnote 3a is replaced by the following:
"(3a) Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking. '
4. In the last sentence of Article 3 (3), the words "or their provisions' shall be replaced by the words" or their provisions, and the particulars of the Directives published in the Official Journal of the European Communities, the requirements of which have been adopted by this legislation, if any ';
5. In Paragraph 3 (2) (c), the word "production 'is replaced by the words" in which the product was bearing the CE marking'.
6. In Article 3 (4), the words "the European Commission (" the Commission ") 'are replaced by the words" the Commission'.
7. In Article 4 (3), the words "authorised 'are replaced by the words" authorised'; the words "direction directions and 'are replaced by the words" direction directions for this product or product group or under'; and the words "Authorised 'are replaced by the words" Authorising authorised'.
8. In Paragraph 4 (4), the word "authorising 'shall be inserted after the word" implemented'.
9. In Paragraph 4 (5), the word "authorising officer 'shall be inserted after the word" authorised'.
10. in Article 4 (6), the second sentence is deleted;
11. in Article 5 (1) (a), the word "initial" shall be inserted after the word "ensure."
12. in Article 5 (1) (b), the word "initial" shall be inserted after the word "implementation."
13. in the second sentence of Article 5 (1) (c), the word "initial" and "initial inspection" shall be inserted after the word "initial";
14. in the second sentence of Article 5 (1) (d), the word "initial" and "initial inspection" shall be inserted after the word "initial";
15. in Article 5 (1) (e), the word "initial" shall be inserted after the word "initial," the word "further" shall be inserted after the word "person" shall be inserted after the word "initial inspection."
16. in Article 5 (1) (f), the words "initial" shall be inserted after the words "product and" shall be inserted after the words "further" and the words "person" shall be inserted after the words "initial inspection."
17. in Article 5 (3), "(b) to (f)" is replaced by "(c) to (f)";
18. in Article 5 (3) (a), the words "where appropriate, the person who will issue the EC declaration of conformity" shall be replaced by the words "or authorised representative."
19. in Article 5 (3) (e), the words "when an authorised person was involved in conformity assessment," shall be deleted;
20. in Article 5 (4), the words "or (a) to (d) in the case of the procedure referred to in Article 5 (1) (a)" shall be inserted after the words "(a) to (e)," and the words "or authorised representative" shall be inserted after the word "manufacturer."
21. In Article 5 (5), the words "the relevant requirements laid down in accordance with Article 1 (2)" shall be replaced by the words "harmonised Czech technical standards or foreign technical standards transposing a harmonised European standard in the Member States of the European Union, or European technical approvals, or specified standards."
22. In Article 5 (6), "CE product designation 'is replaced by" CE product designation'.
23.
In the event that a protective measure has been imposed on a construction product under a special legislation, 6) the notification of the decision to impose a protective measure under Article 7 (8) of the Act shall state whether non-compliance with the provisions of Article 3 was caused by:
(a) failure to comply with harmonised Czech technical standards or with foreign technical standards which take over harmonised European standards or European technical approvals in the Member States of the European Union, or with specified standards;
(b) incorrect application of harmonised Czech technical standards or of foreign technical standards which take over harmonised European standards or European technical approvals in the Member States of the European Union, or of specified standards; or
(c) shortcomings in harmonised Czech technical standards or foreign technical standards which take over harmonised European standards or European technical approvals in the Member States of the European Union, or specified standards. ';
24.
Transitional provisions
Where harmonised Czech technical standards or foreign technical standards which take over a harmonised European standard in the Member States of the European Union, European technical approvals, or designated standards allow them not to apply for a transitional period, they may be applied for that period in accordance with a specific legislation3) instead of the procedure laid down in this Regulation, unless harmonised Czech technical standards or foreign technical standards which take over a harmonised European standard in the Member States of the European Union, European technical approvals or specified standards provide otherwise. ';
25. In Annex 3, point 6, the words "Authorised persons responsible for activities under Section 4 'are replaced by the words" Authorising authorised persons' and the words "onwards' are deleted.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Urban v. r.
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Regulation Information
| Citation | 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. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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