Government Regulation No. 170 / 2011 Coll.
Government Regulation amending Government Regulation No. 176 / 2008 Coll., on technical requirements for machinery
Valid
Effective from 15.12.2011
170
GOVERNMENT REGULATION
of 2 June 2011
amending Government Regulation No. 176 / 2008 Coll., on technical requirements for machinery
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 laws, as amended, ("the Act ') to implement Sections 7 (8), 11 (2), 11a (2) (c), 12 (1) and (3) and 13 of the Act:
Government Decree No. 176 / 2008 Coll., on Technical Requirements for Machinery, is amended as follows:
1. in Article 1 (1) of the Introductory Part of the Provisions, in Article 1 (4) (e) (1) to (3) and in Annex 2, Part 1A (4) and Part 1B (4), the words "the European Communities" shall be replaced by the words "the European Union";
2. footnote 1 shall read:
"(1) Directive 2006 / 42 / EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95 / 16 / EC (recast). Directive 2009 / 127 / EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006 / 42 / EC as regards machinery for pesticide application. ';
3. In Article 2, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) essential health and safety requirements such as those for the design and construction of products covered by this Regulation which aim to ensure a high level of protection of the health and safety of persons and, where appropriate, domestic animals and property as well as the environment."
4. In Article 3, at the end of paragraph 1, the sentence "The essential health and safety requirements relating to environmental protection shall apply only to machinery referred to in point 2.4 of Annex 1 to this Regulation. ';
5. in Article 4 (1) (b):
"(b) it shall be carried out in such a way that, provided it is properly installed, maintained and used for the purposes for which it is intended and under conditions which are reasonably foreseeable, it does not endanger the health and safety of persons and, where appropriate, domestic animals and property and, where provided for in this Regulation, the environment."
6. In Article 8 (1), "§ 1 (2) 'is replaced by" § 1 (1) (a) to (f)';
7. In Annex No 1 of the General Principles, the sentence "The essential health and safety requirements relating to environmental protection shall be added at the end of point 4 only to the machinery referred to in point 2.4. ';
8. In Part 2 of Annex 1 to the Introductory Part of the Provisions, the words "and machinery for pesticide application 'are inserted after the words" properties'.
9. In Annex No 1, Part 2, the following point 2.4 is added:
"2.4. Machinery for the application of pesticides
2.4.1. Definitions
Machinery for pesticide application means machinery specially designed for the application of plant protection products within the meaning of Article 2 (1) of Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market.
2.4.2.
The manufacturer of machinery for pesticide application or his authorised representative shall ensure that the risk assessment of the unintentional exposure of the environment to pesticides is carried out in accordance with the risk assessment and reduction procedure referred to in Guideline No 1.
The pesticide application machinery shall be designed and constructed taking into account the results of the risk assessment referred to in the first paragraph so that it can be operated, adjusted and maintained without accidental exposure to pesticides.
Pesticide spill must always be avoided.
2.4.3. Control and monitoring
It shall be possible to easily and accurately control, monitor and immediately stop the pesticide application from the operators' stations.
2.4.4. Filling and emptying
Machinery shall be designed and constructed in such a way as to facilitate accurate filling with the necessary quantities of pesticides and to ensure easy and complete emptying and to prevent pesticide leakage and pollution of the water source during these activities.
2.4.5. Application of pesticides
2.4.5.1. Application dose
Machinery shall be equipped with means for easy, accurate and reliable adjustment of the application dose.
2.4.5.2. Distribution, load and drift of pesticides
Machinery shall be designed and constructed in such a way as to ensure that the pesticide is applied to the target areas and to minimise losses to non-target areas and to prevent pesticide drift into the environment. Where appropriate, uniform distribution and homogeneous pesticide load shall be ensured.
2.4.5.3. Tests
In order to verify that the relevant parts of the machinery comply with the requirements set out in paragraphs 2.4.5.1 and 2.4.5.2., the manufacturer or his authorised representative shall, for each type of machinery concerned, submit appropriate tests or carry out such tests.
2.4.5.4. Loss at stopping
Machinery shall be designed and constructed in such a way as to avoid losses when the pesticide application is stopped.
2.4.6. Maintenance
2.4.6.1. Cleaning
Machinery shall be designed and constructed so that it can be easily and thoroughly cleaned without pollution from the environment.
2.4.6.2. Service
Machinery shall be designed and constructed in such a way that worn parts can be easily replaced without pollution from the environment.
2.4.7. Checks
It shall be possible to easily connect the necessary measuring instruments to the machinery to verify its correct operation.
2.4.8. Labelling of nozzles, nets and filters
Nozzles, sieves and filters shall be marked in such a way that their type and size can be clearly identified.
2.4.9. Indication of pesticide use
Where necessary, machinery shall be equipped with a specific frame in which the operator places the name of the pesticide used.
2.4.10. Instructions for use
The instructions for use shall include the following:
(a) the measures to be taken when mixing, loading, application, emptying, cleaning, servicing and transport to prevent environmental pollution;
(b) detailed conditions of use for the various expected operational environments, including appropriate preparation and setting, which are necessary in order to ensure pesticide load on target areas, while reducing losses to non-target areas as far as possible, avoiding environmental drift and, where appropriate, ensuring uniform distribution and homogeneous pesticide load;
(c) the range of types and sizes of nozzles, nets and filters that can be used with the machinery;
(d) the frequency of checks and the criteria and procedure for the replacement of parts of worn wear which affect the proper functioning of machinery, such as nozzles, sieves and filters;
(e) details of calibration, daily maintenance, winter preparation and other checks necessary to ensure the correct functioning of the machinery;
(f) the types of pesticides which may cause the machinery to operate incorrectly;
(g) an indication that the operator is required to update the name of the pesticide used on the specific frame referred to in point 2.4.9.
(h) the connection and use of any special equipment or accessories and the necessary measures to be taken;
(i) an indication that machinery may be subject to national requirements for periodic checks by designated bodies (13);
(j) the specific functions of the machinery to be checked in order to ensure its proper functioning;
(k) instructions for connecting the necessary measuring instruments.
13) Act No. 326 / 2004 Coll., on Plant Health and on the amendment of certain related laws, as amended. '
Efficacy
This Regulation shall take effect on 15 December 2011.
Prime Minister:
RNDr. Netime v. r.
Minister for Industry and Trade:
Ing. Kocourek v. r.
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Regulation Information
| Citation | Government Regulation No. 170 / 2011 Coll., amending Government Regulation No. 176 / 2008 Coll., on Technical Requirements for Machinery |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2011 |
|---|---|
| Effective from | 15.12.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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