Act No. 226 / 2003 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain Acts, as amended, Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 505 / 1990 Coll., on Metrology, as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
Valid
Effective from 01.05.2004
Text versions:
01.05.2004
31.07.2003
226
THE LAW
of 26 June 2003
amending Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended, Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 505 / 1990 Coll., on Metrology, as amended, and Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended
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., Act No. 102 / 2001 Coll. and Act No. 205 / 2002 Coll., is amended as follows:
1. In Article 2 (h) (1), a comma is inserted after the word "Regulation 'and the word" other' is deleted.
2. In Article 2 (h) (2), the words "or, where appropriate, put into service 'shall be inserted after the words" or, where appropriate, put into service' and the words "placing on the market 'shall be added.
3. In Article 3 (1), the words "or, where appropriate, put into service 'shall be inserted after the words" placing on the market'.
4. In Article 3 (2), the words "this Act 'are replaced by the words" compliance with the information obligations under Article 7' and the words "product specification 'are replaced by the words" product requirements'.
5. In Article 5 (8), the word "authorised 'shall be inserted after the word" consent' and the words "responsible for their creation and extradition 'shall be deleted.
6. Paragraph 7 (1) reads as follows:
"(1) Information on the draft and draft technical regulation or technical document, amendments or additions thereto, which are subject to information obligations towards 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 of the local authorities, the Government, if they express their views on the draft technical provisions to 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."
7. In Article 7 (3), the word "other 'is deleted.
8. in Article 7 (4) (a), the word "others" shall be deleted;
9. in Article 7 (4) (b), the word "others" shall be deleted;
10. in Article 7 (6), the word "others" shall be deleted;
11. Paragraph 7 (9) shall be replaced by a semicolon at the end of the period and the sentence shall be added: "The reasons for the threat of legitimate interest laid down by the Government Regulations issued pursuant to Article 12 (1) (e) for which a safeguard measure has been imposed shall always be defined."
12. in Paragraph 12 (4), the words' is indicated 'shall be replaced by' provided for in paragraph 3 ';
13. In Article 12, at the end of paragraph 4, the dot is replaced by a comma and the words "or persons whose authorisation for conformity assessment activities results from an international agreement which the Czech Republic is bound by."
14. In Article 13 (4), the words "originating in the Czech Republic or in the countries with which it is negotiated 'are replaced by the words" to which it applies'.
15. in Paragraph 13 (5), the words "originating in the States with which they have been negotiated" shall be replaced by the words "to which they apply";
16. In Paragraph 13 (9), the words "which prove that they originate in the States with which the relevant international agreement is negotiated within the meaning of paragraph 4," shall be deleted.
17. Article 13a is deleted.
18. In Article 13 (5), the words "unless otherwise provided for in the Government Regulation 'are deleted.
19. The following Article 13b is inserted after Article 13a:
Where, pursuant to Articles 12 and 13, a Government regulation lays down requirements which do not take into account the requirements laid down by the relevant provisions of the European Communities, those requirements shall not apply to products which have been manufactured or placed on the market in a Member State of the European Union or originate in a State of the European Free Trade Association which is at the same time a Contracting Party to the European Economic Area, provided that such a product corresponds to:
(a) the technical regulations which are binding on the production or placing on the market and, where appropriate, on the use of this product in one of those States;
(b) the technical standards or rules of good practice which are issued by the national standardisation body or body equivalent to it, in accordance with the laws and requirements of the State Party to the European Economic Area;
(c) international technical standards, lawfully used in one of those States; or
(d) traditional or innovative production processes used in one of those States in accordance with its legislation, for which there is sufficient detailed technical documentation to ensure that this product can be assessed for the purpose of use, if necessary on the basis of additional (not identical) tests of the product,
where such technical regulations, technical standards, good practice rules or procedures guarantee a level of protection of legitimate interest corresponding to that of the Czech Republic. ';
20.
Supervision
(1) Supervision of whether the specified products placed on the market are marked in a specified manner or have not been tampered with or accompanied, where appropriate, by a specified document (§ 13 (2)) and whether the characteristics of the specified products placed on the market comply with the stated technical requirements,
(a) Czech Trade Inspection, 4); or
(b) an authority provided for by a special law;
("the supervisory authority ').
(2) Where the supervisory authority finds that the deficiencies can be remedied during the check, it shall impose the removal within the time limit set by it.
(3) The Czech Trade Inspection is carried out in accordance with a special legislation.4)
(4) Where the supervisory authority ascertains in accordance with paragraph 1, it shall: (b) when checking that a product is unduly bearing the CE marking or other marking provided for in this Act, it shall prohibit the person controlled from marketing such a product and its further distribution and shall set a date for the removal of the unlawful situation. This measure shall be notified by the supervisory authority to the person checked and shall be immediately recorded in writing.
(5) If the person concerned does not agree to the measure imposed pursuant to paragraph 4, he may object to it not later than 3 working days after the date on which the written record of the measure was made known. The objections submitted have no suspensory effect. The supervisory authority which carried out the check shall decide on the objections raised without delay. A written copy of the decision on objections shall be served on the person checked and no appeal shall be admissible.
(6) Where a measure imposed in accordance with paragraph 4 does not lead to rectification within the time limit set, the supervisory authority may decide on a safeguard measure consisting of the obligation of the person responsible for placing the product on the market to withdraw it from the market.
4) Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended. '
21. in Paragraph 19 (1) (c), at the end of the dot, the following point (d) is added:
"(d) has failed to comply with the measures imposed to remove the unauthorised designation of the product pursuant to Paragraph 18."
22. The following Section 20b is inserted after Section 20a:
The provisions of the law concerning relations with the Member States of the European Union shall also apply to relations with the States of the European Free Trade Association which are simultaneously a Contracting Party to the European Economic Area. '
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., Act No. 321 / 2001 Coll., Act No. 205 / 2002 Coll. is amended as follows:
1. In Article 7 (1), the word "until 'shall be inserted after the word" until' and the word "until 'shall be inserted after the word" period'.
2. in Article 7 (1) (a), including footnotes 3c and 3d, the following shall be added:
"(a) the placing on the market, distribution, including the purchase, supply, sale or use of products or goods which do not comply with the requirements of special legislation3c) for the activities referred to in § 2, or which have been wrongly or deceptively marked with a specific legislation, 3d)
3c) For example, Act No. 634 / 1993 Coll., as amended, Act No. 22 / 1997 Coll., as amended, Decree No. 17 / 2003 Coll., laying down technical requirements for low voltage electrical equipment.
3d) For example, § 13 of Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. and Act No. 205 / 2002 Coll. '.
footnote (3d) shall be renumbered as footnote (3f), including references thereto.
3. In Article 7a (1) (b), the words "or, where the products have been wrongly labelled and the measures provided for in Article 7 have not led to a remedy," shall be added after the words "may jeopardise the legitimate interest."
4. In Article 7a, the following paragraph 2 is inserted after paragraph 1, including footnote 3e:
"(2) The justification for the decision to impose a safeguard measure shall always include the specific reasons for the threat of legitimate interest provided for in a specific legislation. 3e)
3e) For example § 5 of Decree No. 17 / 2003 Coll. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
footnote (3e) shall be renumbered footnote (3g), including the reference thereto.
Amendment to the Metrology Act
Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll., Act No. 13 / 2002 Coll. and Act No. 137 / 2002 Coll., is amended as follows:
1. Paragraph 7 (3) is deleted.
2. In Article 7, the following paragraphs 3 and 4 are added:
"(3) Where a measuring instrument has been manufactured and put into circulation in one of the Member States of the European Union or the European Economic Area or in a State with which an international recognition agreement is negotiated which the Czech Republic is bound, in accordance with the relevant provisions of that State, and the Czech Republic is subject to a type-approval requirement, the results of the metrological findings made in that State shall be recognised if they guarantee the metrological level required by the legislation in the Czech Republic and if these results are available to the Czech Metrology Institute.
(4) The gauges referred to in paragraph 3 shall be considered as measuring instruments the type of which has been approved under this Law. '
3. Paragraph 9 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
4. In Article 9, the following paragraphs 5 and 6 are added:
"(5) Where a measuring instrument has been manufactured and put into circulation in one of the Member States of the European Union or the European Economic Area or in a State with which an international recognition agreement is negotiated which the Czech Republic is bound, in accordance with the relevant provisions of that State, and where a requirement for initial verification is made in the Czech Republic, the results of the metrological findings made in that State shall be recognised if they guarantee the metrological level required by the legislation in the Czech Republic and if such results are available to the Czech Metrology Institute.
(6) The gauges referred to in paragraph 5 shall be considered as measuring instruments for which initial verification has been ensured under this law. "
5. In Paragraph 12 (1), the last sentence is deleted.
6. Paragraph 12 (2) is deleted.
Paragraph 3 shall become paragraph 2.
Amendment of the Mining Act, Explosives and State Mining Administration
Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll. and Act No. 320 / 2002 Coll., are amended as follows:
1. in Article 23 (3) (b), the words "approved by the Czech Mining Office" shall be deleted;
2. in Article 24, paragraph 3, including footnote 13c, shall be deleted;
Paragraph 4 shall become paragraph 3.
3. In Paragraph 25 (1), the words "which are competent to authorise the blasting or fireworks to which the explosive is intended 'are deleted.
4. Paragraph 40 (5) (d) is deleted.
Points (e) and (f) shall be renumbered as points (d) and (e).
5. Paragraph 40 (6) (d) is deleted.
Points (e) and (f) shall be renumbered as points (d) and (e).
6. the following shall be added to Article 45 (3) (b), including footnote 20b:
"(b) order the manufacturer or distributor to withdraw an explosive or explosive article from the market in the event that an explosive or explosive article may endanger the safety of persons, animals or property;" in the case of an unauthorised marking of an explosive or explosive article, the CE mark or any other marking prescribed shall be followed in accordance with the Special Act, 20b)
20b) § 18 of Act No. 22 / 1997 Coll., as amended by Act No. 226 / 2003 Coll. '
7. in Article 45 (3), points (c) and (e) are deleted;
Point (d) shall be renumbered (c) and the line at the end shall be replaced by a dot.
8. In Article 45 (4), "(a) and (b) 'is replaced by" (a)' and "(d) 'is replaced by" (c)';
9. In Paragraph 46, "(e) 'is replaced by" (d)';
EFFECTIVE
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of:
(a) I, points 13 to 17 and points 1 and 3 of Article III, which take effect on the day of its publication,
(b) Article I (22) and points (2) and (4) of Article III in the parts concerning the European Economic Area which take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the Agreement on the European Economic Area.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 226 / 2003 Coll., on technical requirements for products and amending and supplementing certain laws, as amended, Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 505 / 1990 Coll., on Metrology, as amended, and Act No. 61 / 1988 Coll., on Mining, Explosives and State Mining Administration, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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