Government Decree No. 282 / 2000 Coll.
Government Regulation amending Government Regulation No. 169 / 1997 Coll., laying down technical requirements for products with regard to their electromagnetic compatibility
Valid
Regulation
Effective from 02.07.2001
Text versions:
02.07.2001
29.08.2000
282
GOVERNMENT REGULATION
of 3 July 2000
amending Government Regulation No 169 / 1997 Coll., laying down technical requirements for products with regard to their electromagnetic compatibility
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., ("the Act ') to implement Sections 11, 12 and 13 of the Act:
Government Regulation No 169 / 1997 Coll., laying down technical requirements for products with regard to their electromagnetic compatibility, is amended as follows:
1. in Article 1, the following paragraph 1 is inserted:
"(1) This Regulation lays down technical requirements for products with regard to their electromagnetic compatibility, in accordance with the law of the European Communities (1) and the international Treaty (2).
1) Council Directive 89 / 336 / EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility, as amended by Council Directive 91 / 263 / EEC, Council Directive 92 / 31 / EEC and Council Directive 93 / 68 / EEC.
2) Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products. '.
The current text becomes paragraph 2.
2. in Article 1 (2), the following point (e) is inserted after point (d):
"(e) a person authorised by the authorisation decision to issue technical reports and certificates meeting the conditions set out in Annex 3 to this Regulation as an authorised person;"
Point (e) shall be renumbered as point (f).
3. in Paragraph 1 (2) (f):
"(f) an EC type-examination certificate issued by an authorised person (Section 11 of the Act) on the basis of an EC type-examination, confirming that the type of apparatus tested originating in the Member States of the European Community or in the Czech Republic complies with the provisions of this Regulation which apply to it. For instruments of origin in other States, the authorised person shall issue a type-certificate. ';
4. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Where the technical requirements for products with regard to electromagnetic compatibility are laid down for certain instruments and other regulations, this Regulation shall not apply to such devices. ';
5. footnote 1 shall be renumbered footnote 3, including the footnote reference.
6. In Article 3 (2), the words "No 1 'shall be inserted after the words" Annex'.
7. In Article 3 (3), the words "(Paragraph 4 (4) of the Act) 'are replaced by the words" and the designated standards (Paragraph 4a (1) of the Act) or by foreign technical standards transposing a harmonised European standard in the EU States'.
8. In Article 4 (1), the words "harmonised Czech technical standards (Article 4 (4) of the Act) 'are replaced by the words" technical standards pursuant to Article 3 (3)'.
9. Paragraph 4 (2) reads as follows:
"(2) In the case of instruments whose characteristics do not comply with the technical standards referred to in Article 3 (3), or where such standards do not specify all the essential requirements applicable to the apparatus, the manufacturer shall draw up a technical file which shall describe the instrument, indicating the procedures used to ensure compliance of the apparatus with the protection requirements referred to in Article 3 and shall also include either a technical report or a certificate issued by an authorised person. ';
10. in Article 4 (3), the words "telecommunications terminal equipment and" including footnote 2) shall be deleted, the words "type certificate" shall be replaced by "EC type-examination certificate or type-examination certificate referred to in Article 1 (2) (f)" and the words "authority of the State" shall be replaced by "administrative authority."
footnote 3 shall be renumbered footnote 4, including the footnote reference.
12. The following Section 4a is inserted after Section 4:
This Regulation shall not apply if it prevents the adoption of:
(a) measures relating to the putting into service and use of equipment intended for specific locations and aimed at overcoming existing or anticipated electromagnetic compatibility problems;
(b) measures relating to the installation of equipment aimed at protecting public telecommunications networks or reception or broadcasting stations used for security purposes. ';
13.
The evidence of the conformity assessment procedure used (Section 13 (8) of the Act) shall include technical documentation and, where the conformity assessment procedure referred to in Section 4 (2) is applied, documents issued by an authorised person when assessing conformity and documents issued by an authorised person when applying the conformity assessment procedure pursuant to Section 4 (3) of the Act. In cases resulting from Paragraph 13 (8) of the Act, the importer shall submit to the supervisory authority documentation in the official language of the country in which the product originates or in a language agreed with the supervisory authority. '
Article 14 (6) shall be deleted;
15. in Article 7 (1) (e), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 3 (3)."
16. in Article 7 (1) (f):
"(f) where a specified document (technical report, certificate referred to in Article 1 (2) (e) or type certificate referred to in Article 1 (2) (f)) has been issued, details of the person who issued the document (trade name of the person, registered office, identification number), the number and date of issue of the document, and, where applicable, its period of validity and administrative identification, where the document provided for in the legislation has been issued, ';
17. the following Section 7a is inserted after Section 7, including footnote 5:
(1) In the case of apparatus originating in the Czech Republic or in the Member States of the European Community which comply with the requirements of this Regulation, the manufacturer shall not draw up a declaration of conformity in accordance with Article 7 but shall place the CE5 on the apparatus and draw up an EC declaration of conformity in accordance with Annex 2 to this Regulation. The CE marking shall be placed on each apparatus or, if this is not possible, on the packaging, the instructions for use or the guarantee sheet.
(2) The apparatus, its packaging, the instructions for use or the guarantee note may be affixed to a marking other than the CE marking only if the visibility and legibility of the CE marking are not thereby reduced.
(3) Where instruments are also subject to other government regulations relating to other requirements and which also provide for the location of the CE marking, the CE marking shall also express its conformity with the provisions of those other regulations of the Government.
(4) However, if one or more of these government regulations allow the manufacturer, for a transitional period, to choose which provisions it will comply with, the CE marking shall only be in conformity with those provisions of the government regulation used by the manufacturer. In this case, the accompanying documentation, warnings or instructions required by these regulations of the Government and annexed to the relevant apparatus shall include a list of the government regulations used.
5) Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking. '
18. The Annex to this Decision is renumbered Annex 1 and its designation reads: "Annex 1 to Government Regulation No 169 / 1997 Coll. '.
19. In the first sentence of Annex 1, the word "in particular 'shall be inserted after the word" use'.
20. In the first sentence of the last paragraph of Annex 1, the words "harmonised Czech technical standards' are replaced by the words" technical standards pursuant to § 3 (3) '.
21. The following Annexes 2 and 3, including footnote 6, are inserted after Annex 1:
"Annex No 2 to Decree No 169 / 1997 Coll.
EC CONFORMITY DECLARATION
The EC declaration of conformity shall contain:
(a) a description of the instrument to which it relates;
(b) a reference to the technical specifications [Paragraph 2 (f) (1) of the Act] according to which conformity is declared and, where applicable, a reference to legislation6) related to ensuring compliance of the apparatus with the provisions of this Regulation;
(c) identification details of the signatory who is authorised to accept commitments on behalf of the manufacturer or authorised representative;
(d) where applicable, a reference to the EC type-examination certificate, issued by the authorised person.
Příloha č. 3
Annex No. 3 to Decree No. 169 / 1997 Coll.
AUTORISATION CONDITIONS
The conditions of authorisation under Section 11 (2) of the Act are:
1. Required personnel equipment and necessary means and equipment.
2. Professional competence and professional integrity of workers.
3. The independence of staff and technical staff who carry out tests, prepare reports, issue certificates and carry out verifications pursuant to this Regulation against all entities directly or indirectly involved in the product concerned.
4. Maintaining the confidentiality of the authorised person's staff on the facts that they are aware of in the activities of the authorised person under this Regulation.
5. Damage liability insurance (§ 11 (3) of the Act).
6) Decree No. 390 / 1992 Coll., on the authorisation of amateur radio broadcasting stations. '
For a period of one year from the entry into force of this Regulation, Article 7 may apply to products not intended for placing on the market of the European Community.
This Regulation shall enter into force on the day of the publication of the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products in the Collection of International Treaties, with the exception of Paragraph 4 (4), which shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
v. JUDr. Rychetský v. r.
Minister for Industry and Trade:
Doc.
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Regulation Information
| Citation | Government Regulation No. 282 / 2000 Coll., amending Government Regulation No. 169 / 1997 Coll., laying down technical requirements for products with regard to their electromagnetic compatibility |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.08.2000 |
|---|---|
| Effective from | 02.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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