What is Act No. 22 / 1997 Coll.?

Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws — Law on technical requirements for products and on the modification and addition of certain laws.

When it became Act No. 22 / 1997 Coll. effectiveness?

Act No. 22 / 1997 Coll. became effective 01.09.1997.

Is Act No. 22 / 1997 Coll. still valid?

Yes, Act No. 22 / 1997 Coll. is still valid and effective.

How many times was it Act No. 22 / 1997 Coll. amended?

Act No. 22 / 1997 Coll. has 29 time versions of the text.

Act No. 22 / 1997 Coll. - Law on technical requirements for produc...

22

THE LAW

of 24 January 1997

on technical requirements for products and amending and supplementing certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

TECHNICAL REQUIREMENTS FOR PRODUCTS AND ACCREDITATION OF CONFORMITY ASSESSMENT BODIES

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Act provides for:

(a) the method of establishing technical requirements for products which could be more likely to endanger the health or safety of persons, property or the environment, or any other public interest, hereinafter referred to as "legitimate interest,"

(b) the rights and obligations of persons who place on the market or distribute and, where appropriate, put into service products which could significantly jeopardise the legitimate interest; This is without prejudice to the provisions of specific legislation on the operation of products, 1)

(c) the rights and obligations of persons in charge of activities under this Act which are related to the creation and application of Czech technical standards or to state testing;

(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.

(2) This Act further regulates the accreditation of conformity assessment bodies (hereinafter referred to as "accreditation ') following the directly applicable regulation of the European Community1a.

(3) This Act also provides for the exercise of public administration in connection with the placing and supply of construction products as defined by the directly applicable regulation for construction products (CE-marked construction products) on the market, including the supervision of compliance with the obligations laid down by the directly applicable regulation for construction products and the imposition of penalties for infringements.

§ 2

Basic concepts

For the purposes of this Act:

(a) any product which has been manufactured, extracted or otherwise obtained, regardless of the degree of processing thereof, and is intended to be placed on the market as new or used;

(b) the placing on the market of a product by the first making available on the market of a product in a commercial activity, which is the transfer or offering for the transfer of a product or the transfer of the right of ownership to a product for the purpose of distribution, use or consumption on the European Union market, unless otherwise provided by a special law. Products manufactured or imported for their own business by producers or importers and products made for reuse shall also be considered to be placed on the market if, as provided for by the Government's regulation, compliance with the legislation is assessed before re-use. Where necessary, the Government shall, by means of a regulation, specify the concept of placing on the market for products covered by this technical regulation,

(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. (1b) Where a product is put into service at the workplace, (1b) the user means the employer:

(d) by the manufacturer, the person who manufactures or even only designs the product and, in the cases provided for by the Government Regulation, the person who compiles, packs, processes or denotes the product for which he is responsible under this law and who intends to place the product on the market under his name or trade mark, where appropriate; the manufacturer, if so provided for in a government regulation for the product or family of products, shall also be considered as the person who modifies the product already placed on the market in such a way as to affect its compliance with the relevant technical requirements;

(e) by an importer, a person established in a Member State of the European Union who places on the market a product other than a Member State of the European Union;

(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,

(g) by the distributor who supplies the products on the market in the supply chain;

(h) technical requirements for the product

1. the technical specifications contained in the legislation, technical document or technical standard setting out the required product characteristics, such as the level of quality, utility characteristics, safety and dimensions, including the requirements for its name under which it is sold, the modification of the nomenclature, symbols, product testing and test methods, the requirements for packaging, labelling or labelling, the conformity assessment procedures of the product with the legislation or technical standards, the production methods and processes affecting the product characteristics;

2. other requirements necessary for the protection of legitimate interest or consumer protection concerning the life cycle of a product after being placed on the market or put into service, such as conditions of use, recycling, reuse or disposal of a product, where such conditions may significantly affect the composition or nature of the product or its placing on the market or, where appropriate, its putting into service;

(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;

(j) economic operator of the manufacturer, importer, distributor and authorised representative.

HLAVA II

TECHNICAL PROVISIONS AND TECHNICAL STANDARDS

§ 3

Technical regulations and technical documents

(1) A technical regulation for the purposes of this Act is a legislation containing technical requirements for products, or rules on services, where appropriate, or relating to obligations for the placing on the market or putting into service, for the provision or establishment of a service or prohibiting the manufacture, import, sale or use of a particular product or the use, supply or establishment of a service.

(2) A technical document for the purposes of carrying out the information obligations referred to in Article 7 shall mean a document which contains technical requirements for a product and is not a technical regulation within the meaning of paragraph 1 or a technical standard which could create a technical obstacle to trade.

§ 4

Czech Technical Standards

(1) The Czech Technical Standard is a document approved by the Office for Technical Standardisation, Metrology and State Testing (hereinafter referred to as "the Office") for repeated or permanent use created under this Act and marked with the letter "ČSN" which was published in the Official Journal of the Office. The Czech technical standard is not generally binding.

(2) The system of Czech technical standards consists of:

(a) the original Czech technical standards;

(b) European or international standards adopted by translation; and

(c) European or international standards adopted in the original language or approved for direct use.

(3) The name of the Czech Technical Standard and the letter designation CSN must not be used to indicate other documents.

(4) The Czech Technical Standard provides for the general and repeated application of rules, directives or characteristics of activities or their results aimed at achieving an optimal degree of arrangement in the defined context.

§ 4a

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"). For the specification of the technical requirements for products resulting from a government regulation or other relevant technical regulation, the Authority may, in agreement with ministries and other central administrative bodies whose competence relates to the relevant field, determine Czech technical standards, other technical standards or technical documents of international or foreign organisations, or other technical documents containing more detailed technical requirements (hereinafter referred to as "the designated standards').

(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 European Community institutions 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 to which this applies in the Bulletin of the Office.

(4) The Office shall publish in the Bulletin of the Office a reference to a European standard published under the law of the European Communities (1c) by the Commission of the European Community in the Official Journal of the European Communities which satisfies the conditions of this Directive.

§ 5

Security of Czech technical standards

(1) The creation, issue and distribution of Czech technical standards and the data standard of construction according to the special legislature19), their amendments and cancellations to the extent defined by this Act are guaranteed by the State.

(2) The tasks of the national standardisation body of the Czech Republic according to the directly applicable regulation of the European Union governing European normalization9), including the fulfilment of obligations arising from the international treaties by which the Czech Republic is bound and the membership of international and European standardisation organisations, the production, issue and distribution of Czech technical standards, the management of the database of Czech technical standards and other technical documents (hereinafter referred to as "databases"), the creation, management, development, development and publication of the construction data standard under the specific legislation19) are provided by the Czech standardisation agency (hereinafter referred to as "Agency").

(3) The Agency is a state contribution organisation based in Prague, against which it exercises the authority of the founder of the Office and whose main activity is the activity referred to in paragraph 2.

(a) the Director-General;

(b) the Standardisation Council (hereinafter referred to as the Council),

(c) Supervisory Board.

(4) The statutory body of the Agency shall be the Director-General appointed and removed by the President of the Office on a proposal and with the agreement of the Council. Further details, including the powers and powers of the Director-General, shall be laid down in the Agency's establishment list.

(5) The Council is the expert body of the Agency, which ensures its impartiality and independence by proposing to appoint and remove the Director-General of the Agency and expressing its views on the strategy for the development of standardisation. The Council has nine members. The President of the Council shall act as President of the Office. The term of office of the remaining eight members of the Council shall be five years, renewable. The members of the Council shall be appointed by the President of the Office in a manner adapted to the Agency's establishment list so that at least six members of the Council shall be appointed from representatives of the professional chambers, professional interest organisations and public universities whose activities relate to the field of technical standardisation, and the other two members of the Council from representatives of central government bodies. The Council shall elect two Vice-Presidents from among its members. The other details shall be determined by the Agency's establishment list.

(6) The Supervisory Board shall oversee the activities of the Agency and the Director-General, approve the concept of the Agency's activities and direction and carry out other activities provided for by the instrument of incorporation. The Supervisory Board shall have five members whose term of office shall be six years, renewable. The members of the Supervisory Board shall be appointed by the President of the Office in the manner set out in the instrument of establishment in such a way that four members shall be appointed from among the representatives of the Central Administrative Offices, whose competence is in the field of technical standardisation, and one member shall be appointed from among the staff of the Office. This member shall act as Chair of the Supervisory Board. The Supervisory Board shall elect one Vice-President from among its members. The other details shall be determined by the Agency's establishment list.

(7) The Agency is entitled to collect remuneration for the professional activities it carries out. These activities and the amount of the remuneration are set out in a price list issued by the Office through the Office's Bulletin. The Agency is also the administrator of the fee for the provision of Czech technical standards and other technical documents, the fee for access to the database and the fee for sponsored access to Czech technical standards and other technical documents. The Agency's budget shall be a public budget for the purposes of managing such fees.

(8) The establishment list also includes the definition of the basic organisational structure, the definition of the assets of the Czech Republic entrusted to the contributory organisation in its establishment and other details concerning the subject matter of its activities.

(9) The costs of creating Czech technical standards are borne by those who require their processing. The cost of creating Czech technical standards, in particular Czech technical standards transposing European standards, processed at the request of ministries or other central administrative offices and the costs of membership in international and European standardisation organisations shall be borne by the State.

(10) Czech technical standards and other technical documents or parts thereof issued on any medium may be reproduced and disseminated only with the consent of the Agency.

(11) For the purpose of issuing a Decree implementing § 6a (4), § 6b (4) and § 6d (3) The Office shall submit to the Ministry of Industry and Trade (hereinafter referred to as "the Ministry ') a proposal for a fee rate in accordance with Section 6a and a proposal for a fee in accordance with Sections 6b and 6d.

§ 6

Conditions for creating and issuing Czech technical standards

When creating and issuing Czech technical standards, their amendments and cancellations, the following conditions must be ensured:

(a) timely publication of notices of upcoming proposals for Czech technical standards, their publication, amendments and cancellations in the Office Bulletin;

(b) consistency and mutual compliance of Czech technical standards and their compliance with legislation;

(c) the use of the achieved degree of scientific and technological development;

(d) the application of the protection of legitimate interest;

(e) the fulfilment of obligations arising from the international treaties by which the Czech Republic is bound, the membership of international and European standardisation organisations and the use of the results of international cooperation;

(f) discussion 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;

(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);

h) proper distribution of Czech technical standards and changes within two weeks after delivery of the order.

§ 6a

Fee for providing Czech technical standards and other technical documents

(1) The fee for providing Czech technical standards and other technical documents is payable by the applicant for the provision of Czech technical standard or other technical document included in the database.

(2) The subject of the fee for providing Czech technical standards and other technical documents is the provision of Czech technical standard or other technical document included in the database.

(3) The basis of the fee for providing Czech technical standards and other technical documents is the number of pages provided by Czech technical standards or other technical documents included in the database.

(4) The fee for providing Czech technical standards and other technical documents is no more than CZK 20 per page. The fee rate shall be determined by implementing legislation.

(5) The fee for providing Czech technical standards and other technical documents shall be payable within 14 days of the date of application for the provision of the Czech technical standard or other technical document included in the database. If the taxpayer does not pay the fee in time and at the correct amount, the administrator of the fee will not provide the Czech technical standard or any other technical document and the fee obligation will cease.

(6) The income from the fee for providing Czech technical standards and other technical documents is the income of the Agency's budget. If the Office is the administrator of the charge, the fee shall be the revenue of the state budget.

§ 6b

Fee for access to the database

(1) The fee for access to the database is payable by the applicant for access to the database or by the applicant for additional printing.

(2) The fee for access to the database shall be:

(a) the provision of access rights to the database without the possibility of printing for a maximum of 12 consecutive calendar months;

(b) the provision of access rights to a database with the possibility of printing for a maximum of 12 consecutive calendar months;

c) additional possibility of printing Czech technical standards and other technical documents from the database.

(3) The amount of the access fee to the database shall not exceed:

(a) 10 000 CZK for the fee referred to in paragraph 2 (a),

(b) the sum of the sum of CZK 10,000 and the sum of CZK 20 per party in the event of a fee as referred to in paragraph 2 (b),

(c) 20 CZK per page in the case of a fee as referred to in paragraph 2 (c).

(4) The amount of the fee for access to the database is laid down in the implementing legislation.

(5) The fee for access to the database shall be payable within 14 days of the date of application. If the fee is not paid in a timely and correct manner, the administrator of the fee shall not provide access rights to the database or supplementary printing option and the fee obligation shall cease.

(6) The revenue from the fee for access to the database is the revenue of the Agency's budget. If the Office is the administrator of the charge, the fee shall be the revenue of the state budget.

§ 6c

Sponsor access to Czech technical standards and other technical documents

(1) Sponsorized access to Czech technical standards and other technical documents means the free provision of access to the Czech technical standard or other technical document which, for the purposes of the specific legislation, is binding on end-users on the basis of registration in a way which allows remote access.

(2) Where the Czech Technical Standard or any other Technical Document is binding for the purposes set out in the Specific Legislation, the Ministry or another Central Administrative Office or Territorial Authority (Stakeholder), which falls within the scope of this Specific Legislation, shall ensure access to this Czech Technical Standard or other Technical Document by the Agency.

(3) The Agency shall negotiate with the Ministry or any other central administration within whose jurisdiction the specific legislation referred to in paragraph 1 falls under the agreement on the sponsored access to the Czech technical standards and other technical documents.

§ 6d

Fee for sponsored access to Czech technical standards and other technical documents

(1) The fee for sponsored access to Czech technical standards and other technical documents is charged by the Ministry or other central administration or local self-governing bodies (18), which provide sponsored access to Czech technical standards and other technical documents.

(2) The subject of the fee for sponsored access to Czech technical standards and other technical documents is to allow sponsored access to Czech technical standards and other technical documents.

(3) The amount of the fee for sponsored access to Czech technical standards and other technical documents amounts to a maximum of CZK 23 000 000 per 12 consecutive calendar months based on the number of pages of the Czech technical standard or other technical document made available and the expected number of end users. The amount of the fee shall be determined by implementing legislation.

(4) The fee for sponsored access to Czech technical standards and other technical documents shall be payable within 30 days of the date of application of the agreement on sponsored access to Czech technical standards and other technical documents between the taxpayer and the administrator of the fee. If the taxpayer does not pay the fee in time and at the right amount, the fee manager sponsored access to Czech technical standards and other technical documents will not allow and the fee obligation will cease.

(5) The income from the fee for sponsored access to Czech technical standards and other technical documents is the income of the Agency's budget.

§ 7

Information obligations

(1) Information on the draft and draft technical regulation or 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 to the Office of the Ministry, other central administrative offices, the Czech National Bank, the authorities of the local authorities, the Government, if they express their views on the draft technical provisions of which they are not the applicant and, in the case of technical documents, also persons, if they are entitled to issue them under specific legislation.

(2) Information obligations concerning Czech technical standards are provided by the Office. The government shall determine how they are implemented by regulation.

(3) A technical regulation or 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 the 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 technical documents referred to in paragraph 1 abroad;

(b) information on foreign draft technical regulations and technical documents and on foreign documents related to the provision of information procedures by publication in the Office Bulletin;

(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, 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, suspend and revoke such delegation.

(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 (1c) 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; This notification must always include a definition of the reasons for the threat of legitimate interest laid down by government regulations issued pursuant to Article 12 (1) (e) for which a safeguard measure has been imposed.

HLAVA III

STATE TEST

§ 9

State testing

State testing is a set of activities carried out by the Office and by persons entrusted under this Act to ensure that, for the products provided for under this Act, an assessment of their conformity with the technical requirements laid down by the Government Regulations ("conformity assessment ') and for construction products with the CE marking, the assessment and verification of the stability of their properties according to the directly applicable regulation for construction products.

§ 10

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 under Article 13 (1), certificates issued by an accredited person may only be used in conformity assessment under Article 13 (1) where the manufacturer, importer or other person is authorised to assess conformity.

§ 11

Authorization

(1) Authorization for the purposes of this Act means the assignment of a legal person to activities in conformity assessment of products, including the assessment of activities related to their manufacture and, where appropriate, their re-use, and defined in technical regulations (hereinafter referred to as "authorised person"). Authorisations for activities under this Act shall be granted by the Office to the extent specified by a decision on the basis of a request, which shall be supported by evidence of compliance with the conditions of authorisation laid down by this Act and by government regulations. In the case of an application for authorisation for conformity assessment of products laid down by a government regulation, the application shall include a description of the procedures and other conformity assessment activities. The Office shall ensure compliance with the uniform procedure of authorised persons in their activities.

(2) The Authority shall issue an authorisation decision if the applicant for authorisation fulfils all the conditions for proper compliance with the conformity assessment activities laid down by the Government Decree for the implementation of the Act. If the Government Regulation does not lay down these conditions, the Authority shall issue an authorisation decision if the applicant for authorisation fulfils the necessary conditions which are:

(a) professional level in relation to the conformity assessment process;

(b) the absence of financial or other interests likely to affect the results of the activity of the authorised person;

(c) equipment of its own facilities for technical and administrative operations and accessibility to special assessment facilities;

(d) the existence of the necessary number of staff with training, knowledge and competence;

(e) the existence of an obligation of non-disclosure by employees on the facts of the activity of an authorised person.

In the decision on authorisation, the findings established during accreditation may be used (Sections 14 to 16).

(3) The Authorised Person is required to conclude a Damage Liability Insurance Contract immediately upon receipt of the authorisation decision.

(4) The Office checks that authorised persons comply with the provisions of this law and the Government's regulations. When requiring information and documentation to carry out an inspection, the Office or the persons invited by it may not require the provision of information and documents already received by the Office or the persons invited in carrying out previous checks in connection with the authorisation, provided that there is no change in their content.

(5) If the authorised person fails to fulfil the obligations laid down in or on the basis of this Act, if the facts on the basis of which the authorisation decision was issued change, if the need for the existence of the authorised person ceases or if the authorised person so requests, the Office shall decide on:

(a) suspension of the authorisation decision;

(b) a change to the authorisation decision; or

(c) revocation of authorisation decisions.

(6) In the decision suspending the authorisation decision referred to in paragraph 5 (a), the Authority shall set a time limit for redress. If the authorised person makes a correction, he shall communicate that fact without undue delay to the Office. If the Office finds that the remedy is sufficient, it shall revoke the decision suspending the authorisation decision. If the authorised person fails to remedy it within the prescribed period, the Authority shall decide to amend or revoke the authorisation decision.

(7) Authorisations, their scope and amendments are published in the Official Journal of the Office.

(8) Authorised persons become notified persons pursuant to Article 7 (7) (b) or, in the cases provided for by a government regulation, by the expiry of a specified period of notice, unless the European Commission or other Member States of the European Union have objected to that notification within that period, and may engage with the notified person from the date of receipt of the notification to the Office that they have been notified.

(9) Where this results from an international agreement, the tasks of authorised persons may also be performed by foreign persons notified in the framework of that agreement, on which the Office shall publish information in the Office Bulletin, specifying the extent of their activities in conformity assessment of products.

(10) The provisions of paragraphs 1 to 9 shall apply unless otherwise provided for in this directly applicable regulation.

§ 11a

Authorised persons

(1) Authorised persons provide activities to the extent specified in the authorisation decision.

(2) Authorised persons shall:

(a) conclude, on the basis of a proposal from the manufacturer or importer or, where appropriate, other persons, a contract to carry out the conformity assessment procedure laid down, or to notify him within 20 days of the conditions for carrying out such operations;

(b) comply with technical regulations when assessing conformity and carry out technical findings objectively with professional care at the level of knowledge of science and technology known at the time of implementation;

(c) in the cases and to the extent laid down by the Government Regulation

1. issue a certificate or other document where it has been established by carrying out the relevant conformity assessment procedure that the product complies with the technical requirements laid down in the relevant Government Regulation pursuant to Article 12 (1) (b); the validity of this certificate or other document may be restricted or suspended by authorised persons;

2. Call on the manufacturer to take appropriate corrective measures if the authorised person, in the course of the conformity assessment or subsequently finds that the products do not comply with the technical requirements laid down in the relevant Government Regulation pursuant to Article 12 (1) (b);

3. provide copies of certificates or other documents, including related documents and information on the issue, refusal, amendment or revocation of certificates or other documents of the Office, to the competent supervisory authority, notified or other persons whose activities relate to those documents;

4. inform the Authority of any requests made by the supervisory authorities concerning conformity assessment activities;

5. inform the Authority on request of the conformity assessment activities carried out by them and of any other activities carried out, including cross-border activities and subcontracting.

(d) notify the Office without delay of cases where they cannot ensure compliance with the conditions laid down for the exercise of authorisation;

(e) notify the supervisory authority without delay that the product is liable to endanger or threaten the legitimate interest if it finds this in the course of its activities.

(3) Authorised persons are entitled to revoke or amend the certificate issued by them or any other document issued by them, provided that it is established that the facts on which they were issued have changed, in particular where it is found that the products do not comply with the requirements of the technical regulations applicable to them and, where appropriate, extend the validity of the certificate to the extent provided for by the relevant technical regulation, unless they have changed the facts on which they were issued.

(4) Where an authorised person receives a complaint pursuant to Article 18 (3), he shall be required to review the certificate or other document issued pursuant to Article 11a (2) (c) (1) and report on the outcome of the review to the supervisory authority.

§ 11b

(1) A legal person who has been annulled or suspended by a final decision of the Office shall:

(a) inform all economic operators concerned of this decision of the Office without undue delay;

(b) to transfer, upon request by the economic operator concerned by the consequences of this Decision, the rights and obligations relating to conformity assessment, including a subsequent verification of compliance with the requirements under which the certificate or other document was issued to the authorised person designated by the economic operator, to the relevant documentation, and to inform the Office of the transfer of rights and obligations, including the transmission of the documentation,

(c) ensure that the relevant documentation relating to the activity of an authorised person is made available to the Authority or the supervisory authority on request, for as long as the Authority has provided it with this Decision.

(2) Certificates or other documents relating to conformity assessment, misissued by an authorised person prior to the revocation or suspension of an authorisation decision, and not cancelled by it, are entitled to revoke an authorised person who has taken over the rights and obligations referred to in paragraph 1 (b), or the supervisory authority, if they are found to be erroneous on market surveillance.

(3) An authorised person who has taken over the rights and obligations referred to in paragraph 1 (b) shall be entitled to use the supporting documents from the transferring authorised person to complete the completed conformity assessment cases or to subsequently verify compliance with the conditions under which the certificate or other document was issued.

(4) Where an authorised person intends to terminate or restrict his or her activities, he or she shall, before withdrawing the authorisation decision or suspending his or her effectiveness, transfer rights and obligations to another authorised person; paragraph 1 (b) shall apply mutatis mutandis.

(5) In the event of the disappearance of a legal person who is an authorised person, it shall, before the disappearance, transmit the relevant documentation relating to the activity of the authorised person to the Office.

§ 11c

Technical assessment bodies

(1) The Ministry may, upon request, entrust a legal person with the performance of the activities of the Technical Assessment Body (15) if it meets the requirements laid down directly by the applicable regulation for construction products.

(2) The Ministry checks that the Technical Assessment Body complies with the obligations and complies with the requirements laid down in the directly applicable regulation for construction products. If the Technical Assessment Body fails to comply with these obligations and requirements, the Ministry shall revoke its mandate to carry out the activities of the Technical Assessment Body.

(3) The Ministry shall, in accordance with the provisions directly applicable to construction products, notify the European Commission and the Member States of the European Union of the name and registered office of the Technical Assessment Body and of the groups of products for which the Technical Assessment Body has been entrusted, of any modification of such data as well as of the revocation of the mandate. The Ministry shall also inform the European Commission of the national procedure for the designation of technical assessment bodies, the control of their activities and competence, and of any changes to that information.

§ 11d

The notification of bodies authorised to carry out activities of a notified body in the assessment and verification of the constancy of performance of construction products bearing the CE marking, the rights and obligations of such bodies, their control and penalties for infringements of their obligations, and the procedure for suspension, restriction or withdrawal of notification, including information obligations relating to notification, shall be governed by the law on conformity assessment of the specified products when making them available on the market.

Citation	Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	27.02.1997
Effective from	01.09.1997
Effective until	-
Status	Valid

Act No. 22 / 1997 Coll.

Law on technical requirements for products and on the modification and addition of certain laws

Contents