Government Decree No. 190 / 2002 Coll.
Government Regulation laying down technical requirements for construction products referred to in the CE
Valid
Effective from 21.04.2004
190
GOVERNMENT REGULATION
of 10 April 2002
laying down technical requirements for construction products referred to in the CE
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., ("the Act ') to implement Sections 11 (2), 12 and 13 of the Act:
Subject matter
(1) This Regulation lays down technical requirements for construction products to be placed on the market with the CE marking, in accordance with the law of the European Communities (1).
(2) This Regulation shall apply to construction products where the requirements for them are laid down:
(a) harmonised Czech technical standards (2) or foreign technical standards transposing a harmonised European standard in the Member States of the European Union;
(b) European technical approvals; or
(c) the designated standards (2) applicable to this Regulation, 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 (a) or (b) (hereinafter referred to as "the designated standards").
(3) Products referred to in paragraphs 1 and 2 shall not be subject to specific legislation except in the cases referred to in Section 8. 3)
Basic concepts
For the purposes of this Regulation:
(a) a construction product, each product intended by the manufacturer for permanent incorporation into buildings, where its properties may affect at least one of the essential requirements for the structures listed in Annex 1 to this Regulation (hereinafter referred to as "the product"), where the permanent incorporation of the product into the construction is such that removal or replacement of the product permanently changes the construction characteristics, the removal or replacement of the product being construction or assembly activities;
(b) by an authorised representative, a person established in a Member State of the European Union who is authorised in writing by the manufacturer to act after him, having regard to the requirements arising from the law for manufacturers;
(c) a European technical approval document issued by an authorised person responsible for the activities referred to in Article 4 (hereinafter referred to as "authorising authorised person"), expressing a positive technical assessment of the characteristics of the product, the authorising authorised person assessing the suitability of the product for the manufacturer's intended use in the construction with regard to the essential requirements for the structures listed in Annex 1 to this Regulation (hereinafter referred to as "suitability for intended use"),
(d) a production control system for permanent internal production control carried out by the manufacturer at the manufacturing site, under which all data, requirements and measures must be systematically documented by means of written procedures and instructions. The production control documentation shall ensure a clear definition of quality assurance in the area concerned and allow the achievement and maintenance of the required product characteristics and the effectiveness of the production control system under review in which the product in question is manufactured.
Conditions for marketing construction products
(1) A product may only be placed on the market if it is suitable for its intended use and meets the requirements of Paragraph 1 (2). The product is suitable for its intended use if it has such characteristics as are a prerequisite for meeting the essential requirements for the structures listed in Annex 1 to this Regulation in which the products are to be incorporated or are to be assembled or installed, in the event that such structures are properly designed and carried out; for this purpose, products under the requirements of Paragraph 1 (2) may be classified in classes which respect the possible differences in geographical or climatic conditions or the way in which they live and the different levels of protection.
(2) Where a product complies with the requirements laid down in Article 1 (2) and the conformity assessment procedure has been followed, the manufacturer shall place on the product a CE marking, the graphic form of which is laid down in a separate legislative act (3a). The CE marking shall be affixed directly to the product, to the label affixed to it or to its packaging, or to the accompanying documentation and shall be accompanied by the following particulars:
(a) identification details of the manufacturer (name and surname, permanent residence, place of business and identification number of the natural person or name or, where appropriate, business name, registered office and identification number of the legal person);
(b) where appropriate, the product characteristics,
(c) the last two digits of the year in which the product was bearing the CE marking;
(d) the identification number of the authorised person involved in the conformity assessment pursuant to Article 5 (1) (c), (d) or (e);
(e) the certificate number, if issued.
(3) The CE marking on a specified product indicates that the product complies with the technical requirements laid down in all the legislation applicable to it and which provides for or allows such marking, and that the procedure laid down in that product conformity assessment has been followed. However, if one or more laws allow the manufacturer, for a transitional period, to choose which provisions he will follow, the CE marking shall indicate compliance only with those laws or their provisions used by the manufacturer. In this case, the documentation, warnings or instructions required by the legislation concerned and annexed to the products concerned shall include information on the legislation or its provisions, as well as information on the directives published in the Official Journal of the European Communities, the requirements of which have been adopted by that legislation if the manufacturer has used them.
(4) Products which, on the basis of the Commission's opinion, are not of health and safety importance may be placed on the market if the manufacturer, instead of the CE marking, issues a declaration of compliance with rules generally recognised in practice in the field. The list of these products is notified by the Office for Technical Standardisation, Metrology and State Testing (hereinafter "the Office ') in the Office Bulletin (hereinafter" the Bulletin').
(5) The manufacturer's obligations under this Regulation may also be fulfilled by an authorised representative.
European Technical Approval
(1) The manufacturer may apply for European technical approval for the product,
(a) for which neither the harmonised standard nor the designated standard has been issued nor the Commission's mandate for the processing of the harmonised standard (hereinafter referred to as the mandate) has been issued, or for which the Commission has decided that the harmonised standard will not be processed for the product;
(b) which deviates substantially from harmonised or specified standards.
(2) The European Technical Approval may be issued even if the mandate has already been issued, provided that the European Commission has approved the guidelines for the issue of European Technical Approval (hereinafter referred to as the "Management Instructions") and notified the Office in the Bulletin in the Czech language. The provisions of the first sentence shall apply only until the relevant harmonised technical standard is issued in one of the Member States of the European Communities.
(3) The European Technical Approval is granted for a specific product or for a product group at the request of a manufacturer which is submitted to one of the authorising authorised persons designated and associated for that purpose within the European Community to the relevant organisation (European Organisation for Technical Aprovals), on the basis of tests and assessments carried out in accordance with the guidance documents for that product or product group or with interpretative documents specifying the essential requirements for constructions referred to in Annex 1 to this Regulation and published by the Commission (hereinafter referred to as "interpretative documents"). The authorising authorised person shall respect the Commission's rules on the issue of European technical approval.
(4) Where the management guidelines have not been approved, the European technical approval may be issued on the basis of the relevant essential requirements set out in Annex 1 to this Regulation and the interpretative documents, provided that the product assessment is carried out by the authorising authorised person referred to in paragraph 3 and accepted by the organisation referred to in paragraph 3.
(5) When processing European technical approvals, the authorising officer by delegation shall select the simplest procedure compatible with the essential requirements set out in Annex 1 to this Regulation and the interpretative documents.
(6) The period of validity of the European Technical Approval is limited in time, as a rule for a period of 5 years. that period may be extended.
Conformity assessment
(1) The manufacturer shall carry out or ensure an assessment of the conformity of the characteristics of the product with the requirements of Section 1 (2) by any of the following procedures:
(a) the manufacturer shall carry out or ensure an initial test of the product type and operate a production control system;
(b) the manufacturer shall ensure that an initial test of the product type is carried out by an authorised person and operates a production control system;
(c) the manufacturer operates a production control system and tests the samples as prescribed. The authorised person shall carry out an initial test of the product type, assess, evaluate and approve the production control system operated by the manufacturer and supervise its proper functioning and take random samples of products at the place of production, market or construction site and check compliance with the technical specifications,
(d) the manufacturer operates a production control system and tests the samples as prescribed. The authorised person shall carry out an initial test of the product type, assess, evaluate and approve the production control system operated by the manufacturer and supervise its proper functioning,
(e) the manufacturer shall carry out an initial test of the product type and further tests of the samples as prescribed and operate a production control system. The authorised person shall assess, evaluate and approve the production control system operated by the manufacturer in the framework of the initial inspection and supervise its proper functioning,
(f) the manufacturer shall carry out an initial test of the product type and further testing of the samples as prescribed and operate a production control system. The authorised person shall assess, evaluate and approve the production control system operated by the manufacturer as part of the initial inspection,
and issue an EC declaration of conformity.
(2) The procedure referred to in paragraph 1 is always specifically determined by harmonised Czech technical standards (2) or foreign technical standards transposing in the Member States of the European Union a harmonised European standard, European technical approvals or designated standards (2) relating to this Regulation.
(3) The Authorised Person shall issue, in the procedures referred to in paragraph 1 (c) to (f), a certificate which, in such cases, is a prerequisite for the issue of the EC declaration of conformity. The certificate shall contain:
(a) identification details of the manufacturer or authorised representative (name and surname, permanent residence, place of business and identification number, if assigned, in the case of a natural person or name or, where applicable, business name, registered office and identification number with a legal person);
(b) a description of the product (type, identification marks, method of use specified by the manufacturer),
(c) an overview of harmonised Czech technical norem2) or of foreign technical standards transposing in the Member States of the European Union a harmonised European standard, European technical approvals or designated norem2) relating to this Regulation with which the product complies;
(d) specific conditions of use of the product,
(e) name and, where appropriate, business name, registered office and identification number of the authorised person;
(f) the name and function of the person authorised to act on behalf of the authorised person issuing the certificate;
(g) the certificate number and, where appropriate, the terms and duration of the certificate.
(4) The EC declaration of conformity shall contain, in addition to the particulars referred to in paragraph 3 (a) to (e), or (a) to (d) in the case of the procedure referred to in Article 5 (1) (a), the name and function of the person authorised to act as manufacturer or authorised representative.
(5) The conformity assessment procedure referred to in paragraph 1 (a) may not be applied if the manufacturer has not applied or has applied only partially 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. In that case, the procedure referred to in paragraph 1 (b) shall be followed.
(6) In the case of unit production (4), the manufacturer shall apply the procedure laid down in paragraph 1 (a), unless another procedure is prescribed in the requirements of § 1 (2); the manufacturer issues an EC declaration of conformity, instead of a product measure, with the CE marking, unless the product measure is prescribed by another legislation.
(7) For the purposes of uniform labelling of conformity assessment procedures applicable in the Member States of the European Union, Annex 2 to this Regulation shall indicate the relationship between the procedures referred to in paragraph 1 and those under European Community law (5) and other relevant Commission documents.
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.
Authorisation conditions
The conditions for authorising conformity assessment activities (Section 11 (2) of the Act) under this Regulation are set out in Annex 3 to this Regulation.
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 under a specific legislature3) instead of a procedure under 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.
Efficacy
This Regulation shall enter into force on the day of the publication of a sectoral annex for construction products in the Protocol to the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, on the assessment of conformity and acceptance of industrial products in the Collection of International Treaties, or on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, if that date is earlier, with the exception of the provisions of § 2 (b), § 3 (5) and § 6, which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister and Minister of Industry and Trade:
Doc.
Příloha č. 1
Annex No. 1 to Government Decree No. 190 / 2002 Coll.
ESSENTIAL REQUIREMENTS
The products must be suitable for construction, so that they, as a whole and their individual parts, are suitable for their intended use, while respecting the economy and meeting the following essential requirements for construction:
1. Mechanical resistance and stability
The construction must be designed and constructed in such a way that the loads likely to affect it during construction and use do not result in:
(a) the collapse of the whole or part of the structure;
(b) a higher degree of unacceptable reformation;
(c) damage to other parts of the construction or technical equipment or equipment installed as a result of deformation of the structure;
(d) damage to events to an extent disproportionate to the original cause.
2. Fire safety
The construction shall be designed and constructed in such a way that in the event of a fire:
(a) the loading capacity and stability of the structure are maintained for a certain period of time;
(b) the formation and spread of fire and smoke in the building site is limited;
(c) the spread of fire to adjacent objects is limited;
(d) persons and animals may have left the building or been saved otherwise;
(e) the safety of rescue units has been taken into account.
3. Hygiene, Health and Environment Protection
The construction shall be designed and constructed in such a way that it does not endanger the hygiene or health of its users or neighbours, in particular as a result of:
(a) the release of toxic gases;
(b) the presence of hazardous particles or gases in the air;
(c) emission of hazardous radiation;
(d) contamination or contamination of water or soil;
(e) insufficient disposal of waste water, smoke and solid or liquid waste;
(f) the presence of moisture in parts of the structure or on surfaces within the structure.
4. Safety while using
The construction must be designed and constructed in such a way that, when it is used or operated, there is no unacceptable risk of injury, such as slipping, skid, falling, impact, burn, electrocution and explosion injury.
5. Noise protection
The construction must be designed and constructed in such a way that the noise perceived by residents or persons near the construction is maintained at a level that does not jeopardise their health and allows them to sleep, rest and work in satisfactory conditions.
6. Energy saving and heat protection
The construction and its heating, cooling and ventilation facilities shall be designed and constructed in such a way that the energy consumption in operation is low in relation to the climatic conditions of the site and user requirements.
These requirements shall be met during normal maintenance for an economically reasonable service life, provided that the effects of the normally foreseeable effects on the buildings are present. The product shall maintain the technical characteristics during its economically reasonable service life, as long as the performance indicators of the construction are maintained at a level compatible with the performance of the above construction requirements.
The provisions of this Annex are without prejudice to the provisions of Section 47 of the Construction Act.
Příloha č. 2
Annex No. 2 to Government Decree No. 190 / 2002 Coll.
Relationship between the conformity assessment procedures referred to in Article 5 and those contained in Annex III to Council Directive 89 / 106 / EEC
| Postup podle § 5 nařízení vlády | Odpovídající postupy podle přílohy č. III odstavce 2 Směrnice Rady 89/106/EHS | Odpovídající označení v příslušných rozhodnutích a dalších dokumentech Komise |
|---|---|---|
| § 5 odst. 1 písm. a) | bod ii), třetí možnost | 4 |
| § 5 odst. 1 písm. b) | bod ii), druhá možnost | 3 |
| § 5 odst. 1 písm. c) | bod i) | 1+ |
| § 5 odst. 1 písm. d) | bod i) (aniž se uplatní požadavek uvedený pod č. 6) | 1 |
| § 5 odst. 1 písm. e) | bod ii), první možnost | 2+ |
| § 5 odst. 1 písm. f) | bod ii), první možnost (aniž se uplatní poslední věta požadavku uvedeného pod č. 4) | 2 |
Příloha č. 3
Annex No. 3 to Government Decree No. 190 / 2002 Coll.
Authorisation conditions
The conditions of authorisation under Section 11 (2) of the Act are:
1. The authorised person shall have at his disposal the necessary staff and his own necessary facilities to enable him to carry out his activities properly under this Regulation.
2. The staff of an authorised person shall be technically competent to carry out the activities of an authorised person under this Regulation and shall be professionally sound.
3. Impartiality in the conduct of tests, reporting, certification and supervision by government leaders and technical staff in relation to all groups or persons involved directly or indirectly in construction products.
4. Maintaining the confidentiality of employees.
5. Conclusion of liability insurance (§ 11 (3) of the Act).
6. Authorised persons shall comply with the following requirements:
(a) be able to assess the suitability of new products for use on the basis of scientific and practical knowledge;
(b) be able to make impartial decisions in relation to the interests of the producers or their representatives concerned; and
(c) be able to summarise the contributions of all interested parties to the balanced assessment.
1) Council Directive 89 / 106 / EEC of 21 December 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to construction products, as amended by Directive 93 / 68 / EEC.
2) Paragraph 4a (1) of the Act.
3) Government Decree No. 163 / 2002 Coll., laying down technical requirements for selected construction products.
(3a) Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking.
4) Paragraph 1 (1) (f) of Decree No 163 / 2002 Coll.
5) Annex III to Council Directive 89 / 106 / EEC.
6) § 7a of Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 22 / 1997 Coll.
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Regulation Information
| Citation | Decree No. 190 / 2002 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2002 |
|---|---|
| Effective from | 21.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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