Act No. 205 / 2002 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended, and certain other laws
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Law
Effective from 01.10.2002
Contents
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205
THE LAW
of 24 April 2002
amending Act No 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Technical Requirements for Products
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. 102 / 2001 Coll., is amended as follows:
1. in Article 1 (a), the words "to an increased degree" shall be inserted after the word "may," the word "natural" shall be replaced by "living" and the words "or other public interest shall be inserted after the word" environment ";"
2. In Article 1 (b), the words "or put into service if necessary 'are inserted after the word" may', the words "to an increased degree 'are replaced by the words" interest' and the words "this is without prejudice to the provisions of specific legislation on the operation of products, 1) 'are inserted after the word" interest'.
footnote 1 is replaced by the following:
"1) For example Act No. 114 / 1995 Coll., on Inland Navigation, as amended, Act No. 61 / 2000 Coll., on Maritime Navigation. '.
3. In Article 1, the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) the way in which information obligations relating to the development of technical regulations and technical standards arising from international treaties and the requirements of European Community law are ensured.";
4. In Article 2 (a), the words "new or used 'shall be inserted after the words" market'.
5. In Article 2 (b), "in the Czech Republic 'is replaced by" on the European Community market'; In the second sentence, the words "and products provided for re-use, where compliance with the legislation is assessed before re-use 'and the words" the Government Regulation' are replaced by "the Government Regulation ';
6. in Article 2, the following point (c) is inserted after point (b), including footnote (1a):
"(c) putting the product into service the moment when the product is first used by the user in the Member States of the European Union for the purpose for which it was manufactured; where provided for by the Government's regulation, the product shall be put into service at the time it is ready for use or provided. (1a) if the product is put into service at the workplace, (1a) the user means the employer,
1a) § 134a of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll. '
Points (c) and (d) shall be renumbered points (d) and (e).
7. In Article 2 (d), the words "and, in the cases provided for in the Government Regulation, the person who compiles, packs, processes or denotes the product shall be inserted after the word" product, "'.
8. in Article 2 (e), the word "State" shall be replaced by the words "than the Member State of the European Union."
9. in Article 2, the following point (f) is inserted after point (e):
"(f) 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 for manufacturers under this law, ';
Points (e) and (f) shall be renumbered as points (g) and (h).
10. in Article 2 (g):
"(g) by the distributor who carries out subsequent business in the supply chain after marketing the product (" distributes ")."
11. in Article 2 (h) (1), the word 'or' after the words' in the legislation 'shall be replaced by' another technical document or technical document 'and the word' technical document 'shall be inserted after the words' regulations or s';
12. in Article 2, at the end of point (h), the dot is replaced by a comma and the following point (i) is added:
"(i) a notified person is a legal person who has been notified by a Member State of the European Union to the institutions of the European Community and to all Member States of the European Union as a person authorised by a Member State of the European Union to carry out conformity assessment activities with technical requirements.";
13. The heading of Title II shall read: "TECHNICAL PROVISIONS AND TECHNICAL STANDARDS."
14. In Section 3, the words "and technical documents' shall be inserted after the words" regulations'.
15. in Article 3 (1), the words "published by the publication of its full text in the Collection of Laws," shall be deleted; the current text shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) For the purposes of this Act, a technical document shall mean a document which contains the technical specifications of a product and is neither a technical regulation within the meaning of paragraph 1 nor a technical standard which could create a technical barrier to trade. ';
16. in Paragraph 4 (3), the words "(hereinafter referred to as" the standard ")" shall be deleted;
17. § 4a reads:
Harmonised technical standards and specified standards
(1) The Czech Technical Standard becomes a harmonised Czech technical standard, taking full account of the requirements laid down by a European standard or harmonisation document recognised by the institutions of the European Community as a harmonised European standard or a European standard established as a harmonised European standard in accordance with European Community law by common agreement of the notified persons (hereinafter referred to as "harmonised European standards"). The Office for Technical Standardisation, Metrology and State Testing (hereinafter "the Office ') may, in agreement with the ministries and other central administrations whose competence relates to the relevant field, designate Czech technical standards, other technical standards or technical documents of international or foreign organisations, or other technical documents containing more detailed technical requirements (hereinafter" the designated standards') for the specification of the technical requirements for products resulting from the regulation of the Government or other relevant technical regulation.
(2) The Office shall notify in the Bulletin of the Office harmonised Czech technical standards, specified standards and their amendments or cancellations. The notification shall also specify the technical regulation to which those standards apply.
(3) Compliance with a harmonised Czech technical standard, a designated standard or compliance with a foreign technical standard transposing a harmonised European standard in the Member States of the European Union, or the fulfilment of parts thereof, shall be considered to be met, to the extent and under the conditions laid down in the technical regulation, in compliance with the requirements laid down in the technical regulations to which those standards or parts relate. Where the institutions of the European Community for harmonised European standards or the Office for designated standards conclude that compliance with those standards or parts thereof cannot be considered as complying with the requirements of the technical regulations, the Office shall notify the harmonised Czech technical standards or specified standards concerned in the Bulletin of the Office. ';
18. In the title of Section 5, the words "Czech technical" shall be inserted after the words "Production Security."
19. in Article 5 (1), the words "Czech technical" shall be inserted after the words "Production and Publishing" and the words "amendments and cancellations" shall be inserted after the words "standards."
20. In Paragraph 5 (2), the words "Czech technical" shall be inserted after the words "production and publishing" and the words "amendments and cancellations" shall be inserted after the words "standards."
21. In Article 5 (6), the words "Czech technical" shall be inserted after the words "production and publishing," and the words "amendments and cancellations" shall be inserted after the words "standards."
22. in the first sentence of Article 5 (7), the words "Czech technical" shall be inserted after the words "Creation costs." In the second sentence, the words "Czech technical" and the words "harmonised standards" shall be replaced by "Czech technical standards transposing European standards."
23. in Article 5 (8), the word "standards" is replaced by "Czech technical standards or parts thereof."
24. In the title of Section 6, the words "Czech technical" shall be inserted after the word "extradition."
25. In Article 6, the words "Czech technical" shall be inserted after the word "extradition" and the words "amendments and cancellations" shall be inserted after the word "standards."
26. in Article 6 (a), the words "standards and standards issued" are replaced by the words "Czech technical standards, their publication, amendments and cancellations."
27. in Article 6 (b), the words "Czech technical" shall be inserted after the words "mutual compliance."
28. in Article 6 (f):
"(f) consideration of a proposal for a Czech technical standard, its amendment or cancellation with any person who, within the time limit set out in the published notice of initiation of the draft Czech technical standard or of a proposal to amend or repeal the Czech technical standard, applies to the person mentioned in that notice or to any person who sends his opinion on the published proposal within the time limit set out in the notice of publication of that technical standard;"
29. in Article 6, the following point (g) is inserted after point (f):
"(g) the abolition of the Czech technical standard, which has been discussed in accordance with (f) if it does not comply with the conditions laid down in (b) to (d),";
Point (g) shall be renumbered as point (h).
30. In Article 6 (h), the words "Czech technical" shall be inserted after the word "issued," and the words "and their amendments" shall be inserted after the word "standards."
31. Paragraph 7, including the title and footnote (1b), reads:
Information obligations
(1) Information on the draft and draft technical regulation or other technical document, amendments or additions thereto, which are subject to information obligations towards the Member States of the European Union and the institutions of the European Community or to information obligations resulting from international agreements, shall be transmitted by the Ministries, other central administrative offices and the Czech National Bank to the Office.
(2) Information obligations relating to Czech technical standards are provided by a designated legal person (Section 5 (2)). The government shall determine how they are implemented by regulation.
(3) A technical regulation or other technical document may not be submitted for approval or approved before the deadline for submitting comments set by the Government, provided that the period of suspension of work on the preparation of a technical regulation or technical document during which a decision on approval or preparation of a harmonised regulation of the European Communities is to be taken may be extended under conditions laid down by the Government.
(4) The Office shall ensure as an information point:
(a) the notification of technical regulations or other technical documents referred to in paragraph 1 abroad;
(b) information on foreign draft technical regulations and other technical documents and on foreign documents related to the provision of information procedures by publication in the Bulletin of the Office;
(c) informing the institutions of the European Community of the issue of technical regulations, where they take over the Directives of the European Communities, and of the sending of texts of such technical regulations to the European Community;
(d) methodological guidance for the single submission of information and its scope in accordance with the guidelines and procedures of the Commission of the European Community and international treaties.
(5) Only a technical standard adopted in accordance with the procedures laid down in the Government Regulation may be used as a basis for the content of a technical regulation.
(6) The Government may, by regulation, adapt the procedure, scope and formalities for the provision of information concerning technical regulations, other technical documents and technical standards.
(7) The Office shall notify the institutions of the European Community and, where appropriate, the competent authorities of the Member States of the European Union in particular:
(a) opinions on the finding that the provisions of a harmonised European standard do not comply with the essential requirements laid down in the provisions of the European Communities and, where appropriate, other elements relating to harmonised European standards or other documents and measures relating to the application of the provisions of the European Communities;
(b) persons authorised under Article 11 to carry out conformity assessment activities under government regulations transposing the law of the European Communities, to amend and revoke that mandate.
(8) The Ministry notifies the European Community authorities or, where appropriate, the competent authorities of the Member States of the European Union, of the decision of the supervisory authorities to impose safeguard measures (1b) on specified products (§ 12), with the justification set out in the Government Regulations. The notification by the European Community institutions of the safeguard measures applied in other Member States of the European Union shall be transmitted by the Ministry to the supervisory authorities.
(9) The supervisory authorities shall notify the Ministry and the Authority of the decision to impose safeguard measures on specified products.
1b) For example § 7a (1) (a) and (b) of Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended. "
32. in Article 9, the words "compliance with the requirements of technical regulations" are replaced by the words "compliance with the technical requirements laid down by the Government Regulations (" conformity assessment ")."
33.
Certification
(1) Certification under this Act is an activity
(a) authorised persons carried out within the scope of the technical regulation; or
(b) accredited persons carried out at the request of the manufacturer, importer or other person;
where the issue of the certificate certifies that the product or activities related to its production or, where appropriate, its re-use comply with the technical requirements of the certificate.
(2) Certificates issued by an authorised person are used in conformity assessment pursuant to Article 13 (1), certificates issued by an accredited person may be used in conformity assessment pursuant to Article 13 (1) only where the manufacturer, importer or other person is authorised to assess conformity. ';
34. In Paragraph 11 (1), the first sentence after the word "production 'is replaced by the words" or, where appropriate, re-use thereof' and in the second sentence, the word "substance 'and the words" issued for its implementation' are deleted.
35. in Article 11 (4), the words "issued for its implementation" shall be deleted and the words "and persons invited by it" shall be inserted after the words "Authorised by the Office";
36. In Article 11 (5), the words "issued for its implementation 'are deleted and after the words" in the authorisation decision' are inserted "if the facts on the basis of which the authorisation decision was issued change '.
37.Paragraph 11 (7) reads as follows:
"(7) Authorised persons with a notification pursuant to Article 7 (7) (b) shall become notified persons.";
38. in Paragraph 11a (1), the word "activities" shall be inserted after the word "ensure," and the words "activities in conformity assessment of products, including the assessment of activities related to their production and defined in technical regulations, with the requirements of technical regulations" shall be deleted;
39. in Article 11a (2) (a), the words "or other persons" shall be inserted after the word "importer."
40. in Article 11a (2) (b), the words "comply with technical regulations when assessing conformity" shall be inserted at the beginning; and
41. in Article 11a (2) (c), the words "issued for the implementation of this Act" shall be deleted; in point 1, the words "whose validity may be limited or suspended, where appropriate," and in point 2, the words "or other authorised persons and, in the cases provided for in the implementation of an international agreement, foreign persons" shall be replaced by the words "all relevant persons, as the case may be, other persons";
42.In Paragraph 11a (2) (e):
"(e) notify the supervisory authority without delay that the product may endanger or threaten the legitimate interest if it is found in the course of its activities.";
43. Paragraph 11a (3) shall be replaced by a comma at the end of the paragraph and the words "extend, where appropriate, the validity of the certificate to the extent provided for by the relevant technical regulation, unless the facts in which it was issued have changed."
44. The heading of Section 12 is deleted. The heading above Section 12 reads: "Conformity assessment '.
45. in Article 12 (1) (a), the words "their characteristics with the requirements of technical regulations" shall be deleted and the words "decide" shall be inserted after the words "decide that" for the duration of this public interest. "
46. in Article 12 (1) (b), the words "fixed" shall be inserted after the words "must" and the words "comply," shall be inserted after the words "to be placed on the market and, where appropriate, put into service,";
47. in Article 12 (1) (c):
"(c) which of the specified products and under what conditions they must or may be marked when placed on the market or put into service by a government regulation (hereinafter referred to as" the designated designation "), '.
48. In Article 12 (1), the dot at the end of point (d) is replaced by a comma and the following points (e), (f), (g) and (h) are added:
"(e) the reasons for the threat of legitimate interest which are notified when protective measures (1a) are imposed on specified products pursuant to Article 7 (8);
(f) the transitional period during which they may be placed on the market or put into service, where appropriate, specified products which do not meet the technical requirements laid down in point (b), provided that they comply with the legislation of a Member State of the European Union;
(g) the content of the information on safeguard measures transmitted to the institutions of the European Community and, where appropriate, to other persons to the extent defined by European Community law on conformity assessment;
(h) other details if necessary to take over the legislation of the European Communities relating to conformity assessment. ";
49. Paragraph 12 (3) is deleted.
Paragraph 4 shall become paragraph 3.
50. In Article 12 (3), the words "or, where appropriate, put into service or for re-use 'shall be inserted after the words" on the market'.
51. In Paragraph 12, the following paragraph 4 is inserted after paragraph 3:
"(4) Where government regulations take over the provisions of the European Communities and the conformity assessment procedures indicate the participation of an authorised person, the notified persons shall carry out this activity. ';
52. In Article 12 (5), the words "the manufacturer or importer 'are replaced by the words" the person who applied for this activity';
53. In Article 12, paragraph 6 is added:
"(6) The Government shall, by regulation, determine the graphic form of the CE marking or any other marking provided for, their implementation and location on the product, its packaging or its accompanying documentation. ';
54.
(1) The specified products may be placed on the market by manufacturers or importers, or, if the Government so provides, those products may be put into service only if they meet the technical requirements laid down in paragraph 12 (1) (b) and after conformity assessment in accordance with the conformity assessment procedure laid down in paragraph 12 (3) and if the conditions set out in paragraph 2 are met.
(2) The product to be placed on the market or put into service, if any, must or may be accompanied, to the extent and under the conditions laid down in the Government Regulation, by a given mark and, where provided for by the Government's regulation, by an EC declaration of conformity or by another document.
(3) The CE marking on a specified product indicates that the product complies with the technical requirements laid down in all government regulations which apply to it and which provide for or allow that marking and that the procedure laid down in that regulation has been followed when assessing its conformity.
(4) The Czech conformity mark consisting of CCZ letters can only be used for products not covered by European Community rules. The mark shall indicate that the product complies with the technical requirements laid down in all the regulations of the Government which apply to it and which provide for or allow such marking and that the procedure provided for in the assessment of its conformity has been followed.
(5) Where a specified product bears a CE mark, it shall not be accompanied by a Czech mark of conformity unless the Government Regulation provides otherwise, or by a mark which may give rise to confusion with the CE mark or any other marking provided for.
(6) Where the Government so provides by regulation, the manufacturer or importer or other person provided for by the Government Regulation shall, upon request, be required to provide copies of certificates or other documents, including related documents of the Office or authorised persons and, where appropriate, established foreign persons.
(7) The manufacturer or importer shall, within 10 years of the end of production, import or placing on the market on request, provide the supervisory authority with evidence of conformity assessment to the extent provided for by the Government Regulations. This period may be determined by government regulations by way of derogation.
(8) The obligations of the manufacturer or importer referred to in Section 13, the details of which are laid down in the Government's regulation, may also be fulfilled by an authorised representative to the extent laid down by the Government's regulation. Where those persons do not fulfil those obligations, the person who last places the product on the market shall be required to ensure that it is carried out.
(9) The distributor is obliged to act in such a way as to prevent the distribution of specified products which clearly do not comply with the requirements of the law, in particular products which do not bear a given designation.
(10) Where a product fulfils the conditions laid down in Sections 12 and 13, it shall not be prevented from being placed on the market or put into service, where appropriate, unless, for significant reasons of protection of legitimate interest, specific legislation provides otherwise. This is without prejudice to the provisions of specific legislation. (2a)
2a) For example, Act No. 102 / 2001 Coll., on General Product Safety and on the amendment of certain laws (Act on General Product Safety), Act No. 258 / 2000 Coll., on Public Health Protection, as amended by Act No. 254 / 2001 Coll. and Act No. 274 / 2001 Coll. '
56. Paragraph 17 shall be deleted, including the title.
Article 57 (18) reads:
Supervision
Supervision of whether specified products placed on the market are labelled in the prescribed manner or, where appropriate, have been issued or are accompanied by a specified document (Paragraph 13 (2)) and whether the characteristics of the specified products placed on the market comply with the stated technical requirements, the Czech Trade Inspection Office (Czech Trade Inspectorate), 4) or the body designated by a special law (hereinafter referred to as the "supervisory authority '). Where, on supervision, removable deficiencies are identified, the supervisory authority shall allow their removal within the time limit set by it.';
58. in Article 19 (1) (a), the words "the declaration of conformity or" shall be deleted;
59. In Paragraph 19 (1) (b):
"(b) has placed on the market or distributed specified products without a specified designation or document provided for by a government regulation or with a misleading or unauthorised designation or document,"
60. in Paragraph 19 (1) (c), the reference to footnote 5 shall be replaced by a reference to footnote 1b. footnote 5 is deleted;
61. In Paragraph 19 (2), the words "or have not fulfilled the obligations arising out of § 13 (8) or (9), second sentence" shall be deleted and the words "repeatedly" shall be inserted after the words "up to CZK 1 million."
62. In Paragraph 19 (3) (b), "standard," is replaced by "Czech technical standard, or part thereof, 5)."
footnote 5 is replaced by the following:
"5) Sections 13 and 14 of Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law)."
63.Paragraph 19 (7), including footnotes 6) and 6a) shall read as follows:
"(7) The fine is collected by the supervisory authority and enforced by the territorial financial authority (6) under specific legislation. 6a)
6) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended.
6a) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
64. The following Section 20a is inserted after Section 20, including footnote 8:
Persons participating in activities under Title III or Title IV of this Act shall be obliged to maintain confidentiality within the meaning of special legislation8) on facts which they have learned about in those activities and the disclosure of which could jeopardise the interests of other persons.
8) For example, § 17 et seq. of the Commercial Code. '.
65. Paragraph 22, including the title, reads:
Empowerment
The Government shall issue regulations for the implementation of § 2 (b), (c), (d), § 3 (2), § 7, § 11 (1) and (2), § 11a (2), § 12 and 13. '
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., Act No. 145 / 2000 Coll., Act No. 102 / 2001 Coll. and Act No. 321 / 2001 Coll., is amended as follows:
1. in Article 2 (2) (e), the word "was" deleted, the words "the certificate of conformity issued and" shall be replaced by the words "the products have been properly labelled under a specific legislation (1a), or have been issued or accompanied by a specified document,"
2. in Paragraph 2 (2) (e), the words "the conditions of the certificate of conformity issued, 1a)" shall be replaced by the words "technical requirements (1a) and whether the requirements laid down by special legislation (1f) have been fulfilled in relation to the designation of the product and the following footnote (1f) is added:
"1f) § 12 (c) of Act No. 123 / 2000 Coll., on Medical Devices and on the amendment of certain related laws."
3. In Article 7a (1), the words "or, where appropriate, the person putting the product into service 'shall be inserted after the word" distributor'.
4. In Article 7a (1) (a), the words "or the placing into service of products, where appropriate, 'shall be replaced by" life' and the words "or other public interest 'shall be inserted after the words" environment'.
5. in Article 7a (1) (b), the words "or the placing into service of products" shall be inserted after the words "on the market."
6. In Article 7a (3), at the end after the words "on the market ', the dot is replaced by a comma and the words" or who put them into service.' are added.
EFFECTIVE
1. This Act shall take effect on the first day of the fifth calendar month following the date of its publication, with the exception of Article I (3), (5), (6), (8), (9), (12), (17), (31), (37), (41), (51), (53), (54), (56), (57), (58), (59), (60) and (61) which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Contents
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Regulation Information
| Citation | Act No. 205 / 2002 Coll., amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2002 |
|---|---|
| Effective from | 01.10.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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