Decree No. 178 / 2004 Coll.
Government Regulation amending Government Regulation No. 339 / 2002 Coll., on procedures for providing information in the field of technical regulations, technical documents and technical standards
Valid
Regulation
Effective from 01.05.2004
Text versions:
01.05.2004
21.04.2004
178
GOVERNMENT REGULATION
of 10 March 2004
amending Government Regulation No 339 / 2002 Coll., on procedures for providing information in the field of technical regulations, technical documents and technical standards
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. and Act No. 205 / 2002 Coll., (hereinafter referred to as "the Act ') to implement Section 7 of the Act:
Government Regulation No. 339 / 2002 Coll., on procedures for the provision of information in the field of technical regulations, technical documents and technical standards, is amended as follows:
1. The following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 1a:
"(2) The provision of information under this Regulation shall be subject to technical requirements for products or rules for information society services (hereinafter referred to as" the service '), including the relevant decisions or measures of administrative offices or authorities which relate to product requirements or rules for services. The obligation to comply with these requirements or the rules on services when placing the product on the market, when providing the service, in the business of the service provider or in use in the Czech Republic may be established directly or indirectly. The provision of information is also subject to legislation and decisions or measures by administrative authorities or authorities prohibiting the production, import, sale or use of a product or prohibiting the provision or use of a service or the business of a service provider.
(3) For the purposes of this Regulation, the indirect provision of an obligation shall mean the establishment of an obligation:
(a) in the legislation or decisions or measures of administrative offices or authorities which refer to technical requirements or rules of service, or to professional rules or rules of practice referring to technical requirements or rules of service, compliance with which is a prerequisite for compliance with the obligations imposed by those laws or decisions or measures by administrative authorities or authorities;
(b) in contracts in which the public authority is a party and which, in the public interest, establish compliance with technical requirements or rules on services, with the exception of contracts concluded in accordance with the results of public procurement pursuant to a special law, 1a)
(c) in the legislation or decisions or measures of administrative offices or authorities containing technical requirements or rules on services related to tax or financial measures affecting the consumption of goods or services by promoting compliance with those technical requirements, with the exception of social security rules.
(1a) Act No. 40 / 2004 Coll., on Public Procurement. '
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
2. Paragraph 1 (5) reads as follows:
"(5) For the purposes of this Regulation, the service of the information society shall mean any service provided by electronic means at the user's individual request by electronic means, normally provided for remuneration; the service is provided by electronic means when the message is sent through an electronic communications network and collected by the user from an electronic data storage device. ';
3. In Section 1, paragraph 6 is added:
"(6) A service rule shall mean a requirement of a general nature relating to access to and operation of services, in particular requirements relating to the service provider, the services themselves and the service recipient, where the nature of that rule makes it clear to regulate the service. ';
4. in Paragraph 2 (1) (a), the word "material" shall be inserted after the word "implemented."
5. Paragraph 2 (1) shall be added at the end of the text in point (c) "; substantial amendments shall mean amendments which fundamentally change the scope or duration of the proposal, supplement the specifications or requirements or strengthen the requirements'.
6. In Article 4, the words "and the technical regulations and technical documents referred to in Article 1 (3) (c) 'shall be added at the end of the text of paragraph 5.
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. 178 / 2004 Coll., amending Government Regulation No. 339 / 2002 Coll., on procedures for providing information in the field of technical regulations, technical documents and technical standards |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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