Act No. 265 / 2017 Coll.
Act amending Act No. 90 / 2016 Coll., on the Assessment of Conformity of Specified Products when making them available on the market, and Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain Acts, as amended
Valid
Law
Effective from 01.09.2017
Text versions:
01.09.2017
18.08.2017
265
THE LAW
of 19 July 2017
amending Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market, and Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on conformity assessment of specified products when making them available on the market
Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market, is amended as follows:
1. Paragraph 5 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
2. In Paragraph 14 (2), the words "the official languages of the Member States' are replaced by the words" the languages required by the Member States'.
3. in Article 16 (1), the following point (b) is inserted after point (a):
"(b) object to notifications made by other Member States of the European Union;"
Points (b) and (c) shall be renumbered (c) and (d).
4. Paragraph 27, including footnote 11, reads as follows:
(1) Where reference is made to a directly applicable European Union regulation in the field of personal protective equipment 11) to the competent national authority, that authority in the Czech Republic is the supervisory authority.
(2) If the directly applicable European Union regulation on personal protective equipment refers to a language designated or requested by a Member State, the language in the Czech Republic is Czech.
11) Regulation (EU) 2016 / 425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89 / 686 / EEC. ';
5. In Part Two, Title I, after Section 1, the following sections 2 and 3 are inserted:
Gas appliances
(1) If the European Union Regulation directly applicable in the field of gas-fuelled appliances (12) refers to the competent national authority, that authority in the Czech Republic is the supervisory authority.
(2) If the directly applicable European Union regulation refers to a language designated or requested by a Member State for gas-fired appliances, this language is Czech in the Czech Republic.
Rope runways
(1) Where a directly applicable European Union regulation in the field of cableway installations (13) refers to the competent national authority, the supervisory authority in the Czech Republic is that authority.
(2) If the directly applicable European Union regulation in the area of cableway installations refers to a language intended or requested by a Member State, this language is the Czech language in the Czech Republic.
12) Regulation (EU) 2016 / 426 of the European Parliament and of the Council of 9 March 2016 on gas appliances and repealing Council Directive 2009 / 142 / EC.
13) Regulation (EU) 2016 / 424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000 / 9 / EC. '.
6. Paragraph 39 (2) reads as follows:
"(2) A manufacturer who is not established in the European Union shall be obliged by written mandate to appoint his authorised representative. The mandate of the authorised representative shall include the address at which it can be contacted. ';
7. In Paragraph 41 (3), the words "or supplemented 'shall be inserted after the words" replaced'.
8.
For the purposes of conformity assessment of pressure equipment:
(a) a assembly of several pressure equipment assembled by the manufacturer to constitute a complete functional unit;
(b) putting into service the first use of the pressure equipment or assembly by their user. ';
9. The following Section 45a is inserted after Section 45:
Upon reasoned request, the Authority may authorise the placing on the market or putting into service of pressure equipment or assemblies for which conformity has not been assessed if such pressure equipment or assembly is intended to serve experimental purposes. ';
10. In Article 46, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) putting into service the first use of the radio equipment by the end-user."
11.
For the purposes of conformity assessment of measuring instruments, putting into service shall mean the first use of a measuring instrument intended for the end-user for the purposes for which it was intended. ';
12. The following § 48a is inserted after § 48:
(1) The importer must ensure that the manufacturer carries out the operations provided for in Section 8 (2) (a) also before the meter is put into service.
(2) The first importer may not place the gauge or put into service in accordance with the procedure set out in Section 8 (3).
(3) In accordance with the procedure laid down in Paragraph 9 (1), the distributor shall act with due care even for meters put into service by him. The distributor shall verify that the gauge also complies with the requirements set out in Section 9 (2) before it is put into service.
(4) In accordance with the procedure laid down in Paragraph 9 (3) of the first sentence, the first distributor may not put the gauge or put into service.
(5) In the procedure referred to in Article 9 (4), the obligation of the distributor shall also apply to measuring instruments put into service. ';
13. in Part Two, Title II, the following Section 8 is inserted after Section 7:
Non-automatic weighing instruments
The Ministry shall establish, by decree, a gravity acceleration zone in the territory of the Czech Republic for the purpose of assessing the conformity of weighing instruments with non-automatic activity. '.
14. in Part Two, Title II, the following Section 9 is inserted after Section 8:
Equipment and protective systems intended for use in potentially explosive atmospheres
The Authority may, where it is in the interest of safety, upon reasoned request allow the placing on the market or putting into service without conformity assessment
(a) equipment or protective system intended for use in potentially explosive atmospheres; or
(b) a safety, control and control device intended to be used outside the potentially explosive environment but necessary for the safe operation of the products referred to in (a) or contributing to their operation. ';
15. in Paragraph 55 (1):
"(1) The transfers referred to in Articles 53 and 54 shall be dealt with by the supervisory authority, with the exception of infringements referred to in Articles 54 (1) (c) and 54 (2), which shall be dealt with by the Office."
16. After Paragraph 57, the following Section 57a is inserted:
Authorisation provisions
The Ministry will issue a decree implementing § 48b. '.
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., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 186 / 2006 Coll., Act No. 229 / 2006 Coll., Act No. 481 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 490 / 2009 Coll., Act No. 155 / 2010 Coll., Act No. 34 / 2011 Coll., Act No. 100 / 2013 Coll., Act No. 64 / 2014 Coll. and Act No. 91 / 2016 Coll., is amended as follows:
1. The first sentence of Paragraph 4 (1) reads: "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 by the letter "CSN', which was published in the Office Bulletin. '.
2. In Paragraph 4a (1), the words "for technical standardisation, metrology and state testing (hereinafter" the Office ')' are deleted.
3. Article 5, including the title and footnote 9, reads as follows:
Security of Czech technical standards
(1) The creation, issue and distribution of Czech technical standards, their changes and cancellations to the extent defined by this Act are guaranteed by the State. The Authority, which is the national standardisation body of the Czech Republic pursuant to the directly applicable regulation of the European Union governing European normalization9), provides these tasks. In doing so, the Office shall fulfil the obligations arising from the international treaties by which the Czech Republic is bound and from membership of international and European standardisation organisations.
(2) The Office may establish the Czech Standardisation Agency (hereinafter referred to as "the Agency") as a state contribution organization with its registered office in Prague. The Agency shall be subordinate to the Office. The Agency shall be headed by a Director-General appointed and removed by the President of the Office. The Agency ensures the creation, publication and distribution of Czech technical standards.
(3) 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.
(4) The Agency shall be established on the date specified in the instrument of establishment. 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. The establishment shall be notified by the Office in the Bulletin of the Office within 30 days of the date on which that fact occurred.
(5) The Office may decide to revoke the Agency. The decision shall specify the date of its demise and shall determine how the rights and obligations exercised by the contribution organisation are to be settled; If not, the rights and obligations of the cancelled contribution organisation shall be transferred to the Office. The Office in the Bulletin of the Office shall notify the discharge of the contribution organisation within 30 days of the date on which that fact occurred.
(6) If the Agency is not established, the tasks set out in this Act shall be performed by the Office. In such a case, the Office shall be entitled to collect the remuneration for professional activities, which, together with the amount of the remuneration, shall be determined by the Ministry by decree.
(7) 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.
(8) Czech technical standards or parts thereof issued on any medium may be reproduced and disseminated only with the agreement of the Office.
9) Article 27 of Regulation (EU) No 1025 / 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89 / 686 / EEC and 93 / 15 / EEC and Directives 94 / 9 / EC, 94 / 25 / EC, 95 / 16 / EC, 97 / 23 / EC, 98 / 34 / EC, 2004 / 22 / EC, 2007 / 23 / EC, 2009 / 23 / EC and 2009 / 105 / EC of the European Parliament and of the Council and repealing Council Decision 87 / 95 / EEC and Decision No 1673 / 2006 / EC of the European Parliament and of the Council. '
4. In Section 6 of the introductory part of the provision, the words "the conditions laid down in the delegation decision, in particular 'are replaced by the words" the following conditions:'.
5. In Article 7 (2), the words "authorised legal person (Article 5 (2)) 'are replaced by the words" Office'.
EFFECTIVE
This Act shall enter into force on 1 September 2017.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 265 / 2017 Coll., amending Act No. 90 / 2016 Coll., on Conformity Assessment of Specified Products when made available on the market, and Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.09.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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