Government Decree No. 286 / 2000 Coll.
Government Regulation amending Government Decree No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres
Valid
Regulation
Effective from 02.07.2001
Zobrazeno prvních 200 z celkem 233 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
286
GOVERNMENT REGULATION
of 3 July 2000
amending Government Regulation No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres
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 Decree No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres, is amended as follows:
1. in Article 1, the following paragraph 1 is inserted:
"(1) This Regulation lays down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres, in accordance with the law of the European Communities (1) and the international contract (2).
1) Directive 94 / 9 / EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States for equipment and protective systems intended for use in potentially explosive atmospheres.
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) (a) (1), the words "and vehicles for the carriage of persons and material" shall be deleted;
3. in Article 1 (2) (a) (2):
"2. protective systems, other than those of the equipment defined in paragraph 1, intended to contain the explosion at an initial stage or to limit the extent of the effects of the explosion and which are placed on the market separately and used as autonomous systems, ';
4. The following Section 1a is inserted after Section 1:
(1) For equipment and protective systems intended for use in potentially explosive atmospheres and devices not originating in the Czech Republic or in Member States of the European Community, the obligations of the manufacturer under this Regulation shall be provided by the importer.
5. In Article 2 (2) (c), the word "only 'shall be inserted before the word" as'.
6. in Paragraph 2 (2) (e), the words "and inland vessels" shall be replaced by the words "ships and mobile navigation units" and the words "on those vessels" shall be replaced by the words "on board those ships and units."
7. In Article 2 (2) (f), the words "or vehicles and their trailers' shall be inserted after the words" means of transport '.
8. In Article 2 (3), the words "and equipment 'shall be inserted after the word" explosion' and the following sentence shall be added at the end of the paragraph: "Equipment and protective systems intended for use in potentially explosive atmospheres and devices shall comply with these requirements with regard to their intended purpose of use '.
9. In Article 2 (4), a comma is inserted after the words "Czech technical standards', the words" (Article 4 (4) of the Act) or technical regulations' are replaced by the words "(Article 4a (1) of the Act) or foreign technical standards transposing a harmonised European standard in the Member States of the European Union 'and the words" and instruments' are inserted after the word "explosion '.
10. in Article 2, the following paragraph 5 is added:
"(5) The placing on the market of equipment, protective systems or devices which do not comply with the requirements of this Regulation shall not be considered as such, 3) if the visible inscription clearly indicates that such equipment, protective systems and apparatus are non-compliant and are not for sale until they have been modified by the manufacturer in a satisfactory manner. Appropriate safety measures for the protection of persons shall be implemented during the demonstration.
3) Article 2 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. '
11. In the second sentence of Paragraph 3, the words "must be marked in a way that clearly identifies a particular explosive atmosphere 'are replaced by" must be labelled accordingly'.
12. in Article 4 (1), a comma and the word "part" shall be inserted after the word "systems."
13. in Article 4 (1) (a), the word "importer" shall be replaced by "authorised representative," the words "type examination" shall be replaced by "EC type-examination," the words "assessment of the production quality system by an authorized person" shall be replaced by "quality assurance of production" and the words "verification of conformity by an authorised person" shall be replaced by "product verification."
14. in Article 4 (1) (b), the word "importer" shall be replaced by "authorised representative," the words "type examination" shall be replaced by "EC type-examination," the words "verification of conformity with a certified type by an authorized person" shall be replaced by "verification of conformity with the type" and the words "conformity assessment of the type (product quality assurance)" shall be replaced by "product quality assurance."
15. in Article 4 (1) (c), the word "importer" shall be replaced by "authorised representative."
16. in Paragraph 4 (1) (d), the word "importer" shall be replaced by "authorised representative."
17. in Paragraph 4 (1), at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) the procedures referred to in (1a), (1b), (1c) and (1d) shall also be used for components, except for the placing of the Czech conformity mark. The manufacturer or the authorised representative shall issue a written certificate of conformity certifying compliance of components with the relevant requirements of this Regulation and indicating the characteristics of the component and the manner in which it must be incorporated into the device or protective system in order to meet the essential requirements applicable to the finished equipment or protective system. ';
18. In Article 4 (2), the word "importer 'is replaced by" authorised representative' and the words "verification of conformity of each product authorised by a person 'are replaced by" verification of individual products'.
19. in Paragraph 4 (3), the word "importer" shall be replaced by "authorised representative."
20. in Paragraph 4, paragraph 4, including footnote 1, shall be deleted;
21. in Paragraph 5 (1) (d), "type" is replaced by "Annex 3 (5)."
22. in Article 5 (1) (f), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 2 (4)."
23. In Article 5, the following paragraph 3 is added:
"(3) The declaration of conformity shall not be issued for components.";
24. The following Section 5a is inserted after Section 5:
(1) In the case of equipment, protective systems and apparatus originating in the Czech Republic or in the Member States of the European Community which comply with the requirements of this Regulation, the CE marking provided for in Annex 10 to this Regulation and the EC declaration of conformity, the particulars of which are set out in Annex 10 to this Regulation, shall be placed on the product instead of the declaration of conformity.
(2) Where equipment, protective systems and apparatus are also subject to other government regulations relating to other aspects and also providing for the location of the CE marking, the CE marking shall also give rise to compliance with the provisions of those other government regulations.
(3) However, if one or more government regulations allow the manufacturer to choose which measure to apply for a transitional period, the CE marking shall indicate compliance only with the government regulations used by the manufacturer. In this case, references to these government regulations must be made to the documents, instructions and instructions required by government regulations and supplied with equipment, protective systems or devices.
(4) The CE marking shall be supplemented by the identification number of the authorised person where the authorised person is involved in the production control.
(5) The CE marking shall be placed clearly, visibly, legibly and indelibly on the device, protective systems and apparatus. The additional labelling requirements are set out in point 1.0.5 of Annex 2 to this Regulation.
(6) Other permissible markings may be affixed to equipment, protective systems or devices provided that the visibility and legibility of the CE marking are not thereby reduced.
(7) The conditions for authorising conformity assessment activities of equipment, protective systems and equipment are set out in Annex 11 to this Regulation. ';
Article 25 (6) is deleted;
Article 26 (7) reads:
The evidence of the conformity assessment method used (Section 13 (8) of the Act) includes technical documentation and documents and findings issued when assessing conformity by an authorised person and a copy of the certificate of conformity or the EC declaration of conformity. The technical documentation shall be prepared in a language agreed with the authorised person. In cases resulting from Article 13 (8) of the Act, the manufacturer, importer or authorised representative 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. ';
27. In Annex 2, Introductory Notes A and B:
"Preliminary remarks
A. Technical knowledge which can change very quickly must be taken into account as quickly and immediately as possible.
B. For apparatus, the essential requirements shall apply only to the extent necessary for the safe operation and operation of such devices in view of the risk of explosion. ';
28. In Annex 2, point 1.0.1 (c), the comma and the words "pets' are inserted after the word" persons'.
29. In Annex 2, point 1.0.5, first sentence, the word "minimum 'shall be inserted after the words" marked these'.
30. in Annex 2, point 1.0.5 (e), the words "anti-explosion Ex" are replaced by the words "anti-explosion."
31. in Annex 2, point 1.0.6 (aa), the words "or authorised representative" shall be inserted after the word "importer."
32. in Annex 2, point 1.0.6 (b), the first sentence is deleted;
33. in Annex 2, point 1.0.6 (b), second sentence, the words "or authorised representative" shall be inserted after the word "manufacturer."
34. in Annex 2, point 1.0.6 (b), third sentence, the word "importer" shall be replaced by the words "authorised representative."
35. In Annex 2, paragraph 1.1.3, the words "impact resistance 'are replaced by the words" mechanical strength'.
36. In the second sentence of point 1.2.3 of Annex 2, the word "emerging 'is replaced by" escaping'.
37. in Annex 2, point 1.2.7 (d), the words "this Regulation shall not apply to them" shall be replaced by the words "then this Regulation shall not apply to those equipment and protective systems and the dangers covered by these other regulations of the Government."
38. In Annex 2, point 1.4.2, the words "parts and appliances' are replaced by the words" parts of equipment '.
39. In Annex 2, point 1.5.1, third paragraph, the words "for electrical circuits' are deleted.
40.
"Annex 3 to Government Decree No. 176 / 1997 Coll.
EC TYPE REVIEW
1. EC type-examination is a procedure whereby the authorised person verifies and tests whether a sample of the product representing the production under consideration complies with the relevant provisions of this Regulation.
2. The manufacturer or authorised representative shall provide the EC type-examination to an authorised person:
(a) identification details of the manufacturer and, where an application for an EC type-examination is submitted by an authorised representative, also details of him (name and surname of the natural person, his place of residence and place of business or business name of the legal person and its registered office);
(b) the technical documentation referred to in point 3;
(c) a written declaration that the EC-type examination contract has not been negotiated with another authorised person;
(d) a sample of the product representing the production under consideration. If required by the test programme, the authorised person may request additional samples.
3. The technical documentation shall make it possible to assess the conformity of the product with the requirements of this Regulation. Where necessary for the assessment, it shall contain data on the design, construction, manufacture and function of the product and shall include, to this extent:
(a) a general description of the type,
(b) conceptual designs, manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.,
(c) descriptions and comments necessary for understanding the drawings and diagrams and functions of the product;
(d) a list of technical standards referred to in Article 2 (4) which have been applied in whole or in part and a description of the solutions adopted to meet the essential requirements of this Regulation, unless the technical standards referred to in Article 2 (4) have been applied or the technical standards referred to in Article 2 (4) do not specify all the essential requirements applicable to the product;
(e) the results of the design calculations carried out, the examinations carried out, etc.,
(f) test reports.
4. Authorised Person
4.1 examines the technical documentation, verifies that the type has been manufactured in conformity with the technical documentation and identifies the elements which have been designed in accordance with the relevant provisions of the technical standards referred to in Article 2 (4), as well as those which have been designed without the application of the corresponding provisions of those technical standards referred to in Article 2 (4),
4.2 carry out or have carried out appropriate examinations and tests to verify that, where the technical standards referred to in Article 2 (4) have not been applied, or where the technical standards referred to in Article 2 (4) do not specify all the essential requirements applicable to the product, the solution adopted by the manufacturer complies with the essential requirements,
4.3 carry out or have carried out appropriate examinations and tests necessary to verify that the technical standards referred to in Article 2 (4) have actually been applied where the manufacturer has decided to apply the technical standards,
4.4 shall agree with the applicant for EC type-examination the place where the examinations and the necessary tests will be carried out.
5. If the type complies with the relevant provisions of this Regulation, the authorised person shall issue the applicant a certificate which, for products originating in the Czech Republic or in the Member States of the European Community, shall issue an EC type-examination certificate, for other products, a type-examination certificate. The certificate shall contain the name and address of the manufacturer, the conclusions of the examination and the necessary data to identify the approved type.
The certificate shall be accompanied by a list of the related parts of the technical documentation; a copy of the list shall be retained by the authorised person.
If the authorised person refuses to issue a certificate to the manufacturer or to the authorised representative, he shall state the detailed reasons and procedure for the objection procedure for such refusal.
6. The manufacturer or authorised representative shall inform the authorised person who has issued the certificate referred to in point 5 and shall keep the technical documentation relating to that certificate of any modifications to the approved equipment or protective system and, if such changes may affect compliance with the essential requirements or prescribed conditions for the use of the product, the authorised person shall, after verifying those changes, issue a supplement to that certificate.
8. Each authorised person shall notify the Office of the relevant information relating to the certificate referred to in point 5 and the amendments issued and cancelled. A copy of the certificates referred to in point 5 and, where appropriate, their additions and annexes to the certificates shall be made available to the Office. ';
41. In Annex 4, the title reads:
"SAFETY OF PRODUCTION QUALITY."
42. In Annex 4, point 1:
"1. The quality assurance of production is a procedure whereby a manufacturer who fulfils the obligations set out in point 2 ensures and declares that the products concerned are identical to the type described in the certificate in Annex 3, point 5, and meets the requirements of this Regulation applicable to them. The manufacturer or authorised representative shall place on each installation the CE marking and issue a written EC declaration of conformity for products originating in the Czech Republic or in the Member States of the European Community. The CE marking shall be supplemented by the identification number of the authorised person responsible for supervision in accordance with point 4. For products of other origin, a declaration of conformity shall be issued in accordance with Article 5. ';
43. In Annex 4, the following point 2 is inserted after point 1:
'2. The manufacturer shall use the approved quality system for the production, exit inspection of the equipment and testing according to the requirements set out in point 3 and shall be subject to the supervision referred to in point 4. ';
Points 2 and 3 shall become points 3 and 4.
44. In Annex 4, point 3.1, the words "or importer 'are deleted.
45. In Annex 4, point 3.1 (c), the words "type certificate 'are replaced by the words" certificate referred to in Annex 3, point 5'.
46. In Annex 4, point 3.2, the following sentence is inserted at the beginning of the first paragraph: "The quality system shall ensure conformity of the equipment with the type described in the certificate referred to in Annex 3, point 5 and the requirements of this Regulation applicable to it. '.
47. in Annex 4, point 3.2 (e), the word "products" is replaced by the word "equipment."
48. In Annex 4, point 3.3, the words "comply with the requirements set out in the dossier (point 3.2) 'are replaced by the words" ensure conformity of equipment with the type described in the certificate referred to in Annex 3, point 5 and with the requirements of this Regulation and meet the requirements set out in point 3.2', the words "Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (4) 'and the words "or importers' are deleted.
49. In the second sentence of point 3.4 of Annex 4, "importer 'is replaced by" authorised representative'.
50. In the third sentence of point 3.4 of Annex 4, the words "comply with the requirements set out in the documentation referred to in point 3.2 'are replaced by the words" ensure compliance of the equipment with the type described in the certificate referred to in point 5 of Annex 3 and with the requirements of this Regulation and meet the requirements set out in point 3.2'.
51. In Annex 4, point 3.4, fourth sentence, the words "or importers' are deleted.
52. In Annex 4, points 5 and 6 are added:
6. Each authorised person shall provide the Office with adequate information concerning the quality system approvals issued and cancelled. ';
53. Annex 5, including footnote 4, reads as follows:
"Annex 5 to Government Decree No. 176 / 1997 Coll.
VERIFICATION OF PRODUCTS
1. Verification of products is a procedure whereby the manufacturer or authorised representative checks and certifies that the equipment subject to the provisions of paragraph 3 is identical to the type described in the certificate referred to in Annex 3, point 5 and meets the relevant requirements of this Regulation.
2. The manufacturer shall take all necessary measures to ensure that the production process ensures compliance of the equipment with the type described in the certificate referred to in Annex 3, point 5 and with the requirements of this Regulation applicable to it. The manufacturer or authorised representative shall place on each installation the CE marking and issue an EC declaration of conformity for products originating in the Czech Republic or the European Community. In the case of products with another origin, a declaration of conformity shall be issued in accordance with Section 5 and the authorised person shall ensure that the product bears the Czech mark of conformity in accordance with the special Regulation (4), supplemented by its identification number and an indication of the year of testing.
3. The authorised person shall carry out appropriate examinations and tests to check the conformity of the equipment, protective system or apparatus with the corresponding requirements of this Regulation by reviewing and testing each product in accordance with point 4.
4. Verification by examination and examination of each product.
4.1 All devices shall be individually examined and adequately tested in accordance with the requirements of the relevant technical standards referred to in Section 2 (4) or equivalent tests of the equipment to verify their conformity with the type described in the certificate referred to in Annex 3 (5) and the corresponding requirements of this Regulation shall be carried out.
4.2 The authorised person shall place or have his identification number placed on each approved piece of equipment and issue a written certificate of conformity according to the tests carried out.
4.3. The manufacturer or authorised representative shall be able to supply, on request, certificates of conformity issued by an authorised person.
4) Government Decree No. 179 / 1997 Coll., laying down the graphic form of the Czech conformity mark, its implementation and location on the product. '
54.
"Annex 6 to Government Decree No. 176 / 1997 Coll.
CONFORMITY WITH TYPE
1. Conformity to type is a procedure whereby the manufacturer or authorised representative ensures and declares that the device is identical to the type described in the certificate referred to in Annex 3, point 5 and meets the relevant requirements of this Regulation. The manufacturer or authorised representative of products originating in the Czech Republic or in the Member States of the European Community shall place on each installation the CE marking and issue a written EC declaration of conformity. In the case of products of other origin, a declaration of conformity pursuant to Article 5 shall be issued and the products shall, with the consent of the authorised person, be marked with the Czech mark of conformity in accordance with the special legislation (4), supplemented by its identification number and the indication of the year of the test already during the production process.
2. The manufacturer shall take all necessary measures to ensure that the production process ensures conformity of manufactured equipment with the type described in the certificate referred to in Annex 3, point 5 and the corresponding requirements of this Regulation.
3. For each piece of manufactured equipment, the manufacturer, or on his behalf, shall carry out tests of the product relating to technical aspects of explosion protection. The authorised person chosen by the manufacturer shall be responsible for carrying out the tests. The authorised person shall be responsible for placing the identification number of the authorised person by the manufacturer during the production process. ';
55. In Annex 7, the title reads as follows:
"SECURITY OF PRODUCTION QUALITY '.
56. In Annex 7, point 1:
"1. Product quality assurance is a procedure whereby a manufacturer who fulfils the obligations set out in point 2 ensures and declares that the devices concerned are identical to the type described in the certificate referred to in Annex 3, point 5 and meets the requirements of this Regulation applicable to them. The manufacturer or authorised representative of products originating in the Czech Republic or in the Member States of the European Community shall place on each product the CE marking and issue a written EC declaration of conformity. The CE marking shall be accompanied by the identification number of the authorised person responsible for supervision in accordance with point 4. For products of other origin, a declaration of conformity shall be issued in accordance with Article 5. ';
57. In Annex 7, the following point 2 is inserted after point 1:
'2. The manufacturer shall use an approved quality system for the exit inspection and testing in accordance with the requirements set out in point 3 and shall be subject to supervision in accordance with point 4. ';
Points 2 and 3 shall become points 3 and 4.
58. In Annex No 7, point 3.1, the words "or importer 'are deleted.
59. In Annex 7, point 3.1 (c), the words "type certificate 'are replaced by the words" certificate referred to in Annex 3, point 5'.
60. In Annex 7, point 3.2, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (4) '.
61. In Annex No 7, point 3.3, the words "dossier according to point 'are replaced by the words" point' and the words "Czech technical standards' are replaced by the words" technical standards according to § 2 (4) '.
62. In Annex 7, point 3.4, the word "importer 'is replaced by" authorised representative' and the words "or importers' are deleted.
63. In Annex 7, points 5 and 6 are added:
6. Each authorised person shall provide the Office with adequate information concerning the quality system approvals issued and cancelled. ';
64. In Annex 8, the title reads:
"INTERNAL PRODUCTION CONTROL."
65. In Annex 8, point 1:
"1. Internal production control is a procedure whereby a manufacturer or an authorised representative who fulfils the obligations referred to in point 2 ensures and declares that the equipment complies with the relevant requirements of this Regulation. The manufacturer or authorised representative of products originating in the Czech Republic or in the Member States of the European Community shall place on each installation the CE marking and issue a written EC declaration of conformity. For products of other origin, a declaration of conformity shall be issued in accordance with Article 5. ';
66. in Annex No 8, the following points 2 and 3 are inserted after point 1:
'2. The manufacturer shall draw up the technical documentation referred to in point 4 and shall keep it or the authorised representative for at least 10 years from the manufacture of the last piece of equipment for surveillance purposes.
Point 2 is renumbered point 4.
67. In Annex 8, points 5 and 6 are added:
"5. The manufacturer or the authorised representative shall keep a copy of the declaration of conformity to the technical documentation.
6. The manufacturer shall take all necessary measures to ensure that the manufacturing process complies with the technical documentation referred to in point 2 and the corresponding requirements of this Regulation. ';
68. In Annex 9, the title reads:
"VERIFICATION OF SINGLE PRODUCTS '.
69. In Annex 9, point 1:
"1. Verification of individual products is a procedure whereby the manufacturer ensures and declares that the equipment or protective systems for which the certificates referred to in point 2 have been issued comply with the relevant requirements of this Regulation. The manufacturer or authorised representative of products originating in the Czech Republic or in the Member States of the European Community shall place the CE marking and issue an EC declaration of conformity on the equipment or protective system. In the case of products of another origin, a declaration of conformity shall be issued in accordance with Article 5 and the authorised person shall ensure that the product bears the Czech mark of conformity in accordance with the specific legislation4), supplemented by the indication of the year of the examination. '
70. In Annex 9, point 2:
'2. The authorised person shall examine the individual installation or protection system and carry out appropriate tests in accordance with the relevant technical standards referred to in Article 2 (4) or equivalent tests to verify compliance with the relevant requirements of this Regulation. The authorised person shall place or have his identification number placed on the approved establishment or protection system and issue a certificate of conformity concerning the tests carried out. ';
71. In Annex 9, point 3 (d), the words "harmonised Czech technical standards' are replaced by the words" technical standards according to § 2 (4) 'and the words "harmonised Czech technical standards' are replaced by the words" technical standards according to § 2 (4) '.
72. The following Annexes 10 and 11 are added:
"Annex No. 10 to Government Decree No. 176 / 1997 Coll.
A. CE marking
The graphical form of the CE marking is laid down in a separate legislation. 5)
The specified minimum dimensions of 5 mm need not be complied with for devices of small dimensions, protective systems or devices.
B. Content of the EC declaration of conformity
The EC declaration of conformity shall contain the following elements:
- the name or identification mark and address of the manufacturer,
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 286 / 2000 Coll., amending Government Decree No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres |
|---|---|
| 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.
Comments 0