Government Decree No 287 / 2000 Coll.
Government Regulation amending Government Regulation No. 177 / 1997 Coll., laying down technical requirements for gas appliances
Valid
Regulation
Effective from 02.07.2001
Text versions:
02.07.2001
29.08.2000
Zobrazeno prvních 200 z celkem 240 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
287
GOVERNMENT REGULATION
of 3 July 2000
amending Government Regulation No 177 / 1997 Coll., laying down technical requirements for gas appliances
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. 177 / 1997 Coll., laying down technical requirements for gas appliances, is amended as follows:
1. in Article 1, the following paragraph 1 is inserted:
"(1) This Regulation lays down technical requirements for gas appliances, in accordance with European Community law (1) and the International Treaty (2).
1) Council Directive 90 / 396 / EEC of 29 June 1990 on the approximation of the laws of the Member States relating to gaseous fuel appliances, as amended by Council Directive 93 / 68 / EEC.
2) Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products. '.
Paragraph 1 shall become paragraph 2.
2. in Article 1 (2) (a), the word "useful" and the words "ventilator" shall be replaced by "forced air flow."
3. In Article 1 (2) (b), the words "with the exception of forced air burners and heat sources equipped with these burners' are inserted after the words" groups'.
4. In Article 1, the following paragraph 3 is inserted after paragraph 2:
"(3) For the purposes of this Regulation, appliances specially designed for use in technological processes in industrial buildings shall not be considered as gaseous fuel appliances. ';
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
5. in Article 1 (5) (b), the word "normal" shall be inserted after the words "fuels and";
6. In Article 2 (1), the words "except for appliances and equipment specially designed for use in technological processes in industrial buildings' are deleted.
7. Paragraph 2 (3) reads as follows:
"(3) Where the essential requirements for appliances and fittings are specified by harmonised Czech technical standards, defined standards (§ 4a (1) of the Act) or by foreign technical standards transposing a harmonised European standard in the Member States of the European Community and the characteristics of appliances or equipment are in conformity with those technical standards, the essential requirements shall be deemed to be met. ';
8. In Article 3 (1), the words "and equipment '," or equipment' and "before being placed on the market 'shall be deleted, the words" (hereinafter referred to as "type examination') 'shall be replaced by the words" EC type-examination procedure' and the words "before placing on the market 'shall be inserted after the words" choose further'.
9. in Article 3 (1) (a):
"(a) EC declaration of conformity to type in accordance with Annex 2 (2),"
10. in Article 3 (1) (b):
"(b) EC declaration of conformity to the type (assessment of the production quality system) referred to in Annex 2 (3), '.
11. in Article 3 (1) (c):
"(c) EC declaration of conformity to the type (product quality assurance) referred to in Annex 2 (4),"
12. in Paragraph 3 (1) (d), the words "verification of conformity" are replaced by "EC verification."
13. in Article 3 (2), the words "and equipment" shall be deleted and the words "person" shall be inserted after the words "EC verification procedure";
14. in Article 3 (3) and (4):
"(3) Upon completion of the procedures referred to in paragraphs 1 and 2, the CE marking referred to in Annex 3 to this Regulation shall be affixed to compliant appliances originating in the Czech Republic or in the Member States of the European Community and a written declaration of conformity issued in accordance with § 4a shall be issued.
(4) When verifying any imported appliance not originating in the countries of the European Community, according to Annex 2, paragraphs 5.4, 5.5 and 6.2, the authorised person shall ensure the designation of each certified product by a Czech mark of conformity in accordance with a special regulation.3) In the case of the mark, the mark shall indicate the year in which it has verified the product. ';
footnote 1 shall be renumbered footnote 3, including the footnote reference.
15. Paragraph 3 (5) reads:
"(5) The procedures referred to in paragraph 1 shall also apply in the case of equipment referred to in Article 1 (2) (b), except for the location of the CE marking and the Czech conformity mark and, where applicable, the issuing of a certificate of conformity. A certificate shall be issued declaring conformity of equipment with the provisions of this Regulation which apply to it and indicating its characteristics and the way in which it must be incorporated into an appliance in order to meet the essential requirements applicable to complete appliances. The certificate shall be attached to the equipment. ';
16. In Article 3, the following paragraphs 6, 7 and 8 are inserted after paragraph 5:
"(6) Where appliances are also subject to other government regulations which relate to other aspects and also provide for the location of the CE marking or the issue of a declaration of conformity, the CE marking or the declaration of conformity shall also express compliance with the provisions of those other regulations of the Government.
(7) If one or more government regulations allow a manufacturer to choose which measures to apply during a transitional period, the CE marking or the declaration of conformity shall indicate compliance with the provisions of only those regulations of the government used by the manufacturer. In such a case, the documents, notifications and instructions required by government regulations and accompanying appliances shall contain references to the government regulations applied.
(8) Records and correspondence relating to conformity assessment procedures shall be drawn up in the Czech language or in a language acceptable to an authorized person. ';
17. In Article 3, the following paragraphs 9 and 10 are inserted after paragraph 8:
"(9) The manufacturer shall provide evidence of the conformity assessment method used (Section 13 (8) of the Act) including technical documentation and certificates issued in conformity assessment by an authorised person. 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 is originating or in a language agreed with the supervisory authority.
(10) The content of the technical documentation submitted by the manufacturer or importer to the authorised person is set out in Annex 4 to this Regulation. ';
19. in Article 4 (1) (e), the words "harmonised Czech technical standards" shall be replaced by the words "technical standards referred to in Article 2 (3)," in paragraph 1 (g), the words "placed on the market with" shall be inserted after the words "certificate," and the brackets, including the text therein, shall be deleted;
20. The following Section 4a is inserted after Section 4:
(1) In the case of appliances originating in the Czech Republic or in Member States of the European Community which comply with the requirements of this Regulation, the CE marking provided for in Annex 3 to this Regulation shall be placed on the appliance, instead of the declaration of conformity provided for in Section 4, which is subject to the drawing up of a written declaration of conformity in accordance with points 2.1, 3.1, 4.1, 5.2 and 6.1 of Annex 2 to this Regulation.
(2) The CE marking shall be affixed clearly and visibly to each appliance or, where this is not possible, to a label inextricably affixed to the appliance. ';
21. In Annex 1, introductory phrase:
"Preliminary remark
The essential requirements for appliances listed in this Annex shall also apply to equipment where there are hazards in the case of equipment. ';
22. In Annex 1, point 1.1, the comma and the words "domestic and farm animals' are inserted after the word" persons'.
23. In Annex 1, point 3.1.1, the words "or 'shall be deleted and the words" or wear' shall be inserted after the words "damage '.
24. In Annex 1, point 3.1.12, the word "random 'is inserted after the word" could not have happened'.
25. In Annex 1, point 3.2.3, the following sentence is inserted after the second sentence, including footnote 4: "The conditions for adequate ventilation of the space intended for the installation of such appliances, taking into account the characteristic characteristics of appliances, are laid down in a separate legislative act. 4)
(4) Hygiene regulations of Volume 39 / 1978, Directive No 46 on health requirements for the working environment, and health regulations of Volume 51 / 1981, Directive No 58 on essential hygiene requirements, on maximum permitted concentrations of the most serious pollutants in the air and on the assessment of the degree of pollution. "
26. In Annex 1, point 3.2.3, the word "large cuisine 'is replaced by the words" mass caterers'.
27. in Annex 1, point 3.3 (b), the words "ignition by means of a test" shall be replaced by the words "reliable dissemination."
28. In Annex No 1, paragraph 3.4.3, the words "connected to the exhaust of flue gas' are replaced by the words" with the exhaust of flue gases outside the room 'and after the words "into the room', the words" and, in the case of the result of the exhaust flue gases on the outside wall (façade), in residential and residential rooms near the fuses or adjacent façade 'are inserted.
29. In Annex 1, point 3.4.4, the words "not connected to the flue gas extraction 'are replaced by the words" not secured by exhaust gas out of the room'.
30. In Annex 2, point 1 is replaced by the following:
"1. EC type-examination (§ 3 (1)) '.
31. In Annex 2, point 1.1, the word "EC 'is added at the beginning, the word" procedure' is replaced by the words "part of the procedure ', the word" which' is replaced by the word "which 'and the words" or equipment' is deleted.
32. In Annex 2, point 1.2, the words "or authorised representative 'shall be inserted after the words" the manufacturer' and the words "the authorised person 'shall be replaced by the words" may lodge an application with a single authorised person'.
33. In Annex 2, point 1.2.1, the words "The application shall contain: ', point (a) shall be inserted at the beginning:
"(a) the name and surname of the applicant, if he is a natural person, the business name of the applicant, if he is a legal person, and the address of the applicant,"
in point (b), "EC 'is inserted before the word" examination' and in point (c) the figure "3 'is replaced by" 4'.
34. In the first and third sentences of point 1.2.2 of Annex 2, the words "or equipment 'are deleted.
35. In Annex 2, point 1.3.1, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (3) '.
36. In Annex 2, point 1.3.2, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Article 2 (3) '; the words "or equipment' are deleted.
37. In Annex 2, point 1.3.3, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (3) '.
38. In Annex No 2, point 1.4, the words "type certificate 'are replaced by the words" appliances originating in the Czech Republic or in the Member States of the European Community, EC type-examination certificate and, for other appliances, type-examination certificate'; in the sentence of the second sentence, the words "EC type-examination certificate 'are replaced by the words" EC type-examination certificate or type-certificate'; and in the third sentence, the words "type-certificate 'are replaced by the words" EC type-examination certificate';
39. In Annex 2, the following points 1.5 and 1.6 are inserted after point 1.4:
1.6. The Authorised Person shall provide other competent authorised persons and the Office with information on type certificates issued under point 1.4 and their additions under point 1.7. They shall also be made available, upon request, to them by means of annexes to the certificates and reports on the checks and tests carried out. The authorised person who refused to issue or revoke the type certificate referred to in point 1.4 shall inform the other authorised persons concerned and the Office, giving the reasons for his decision. ';
Point 1.5 becomes point 1.7.
40. In the first sentence of point 1.7 of Annex 2, the words "or authorised representative 'shall be inserted after the word" manufacturer' and the words "type certificate 'shall be inserted after the words" point 1.4'; the words "type certificate 'shall be replaced by the words" point 1.4'; the words "equipment 'shall be deleted; the words" type examination certificate' shall be replaced by the words "type certificate ';
41. in Annex 2, point 2 reads:
"2nd EC declaration of conformity to type [§ 3 (1) (a)] '.
42. Point 2.1 of Annex 2 reads as follows:
"2.1 EC declaration of conformity to type is the part of the procedure whereby the manufacturer or importer declares that the appliances comply with the type described in the type certificate referred to in point 1.4 and meet the essential requirements applicable to them. The manufacturer or, where applicable, the authorised representative shall place the CE marking on each appliance and issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer and, where appropriate, with the authorised representative. The identification number of the authorised person responsible for carrying out the random checks provided for in point 2.3 shall be indicated after the CE marking.
For imported products not originating in the Member States of the European Community, the importer shall issue a declaration of conformity, the particulars of which are set out in Section 4, which shall apply to one or more appliances. ';
43. In the first and second sentences of point 2.2 of Annex 2, the words "or equipment 'are deleted and the words" as referred to in point 1.4' are inserted after the words "type certificate '.
44. In Annex 2, point 2.3, first, second and fourth sentences, the words "or equipment 'are deleted and the words" harmonised Czech technical standards' are replaced by the words "technical standards referred to in Section 2 (3) '.
45. in Annex No 2, point 3 shall read:
"3. EC declaration of conformity to the type (assessment of the production quality system) [§ 3 (1) (b)]."
46. Point 3.1 of Annex 2 reads as follows:
"3.1 EC declaration of conformity to the type (assessment of the production quality system) is a procedure whereby a manufacturer or importer who complies with the provisions of point 3.2 declares that appliances conform to the type described in the type certificate referred to in point 1.4 and that they comply with the essential requirements applicable to them.
The manufacturer or, where applicable, the authorised representative shall affix to each appliance the CE marking and issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer and, where appropriate, with the authorised representative. The identification number of the authorised person responsible for carrying out EC supervision shall be indicated for the CE marking.
For imported products not originating in the Member States of the European Community, the importer shall issue a declaration of conformity, the particulars of which are set out in Section 4, which shall apply to one or more appliances. ';
47. In the first sentence of point 3.2 of Annex 2, the words "as referred to in point 1.4 'shall be inserted after the words" of the type'.
48. In Annex No 2, point 3.3.1 (d), the words "as referred to in point 1.4 'shall be inserted after the words" of the type'.
49. In Annex 2, point 3.3.2 (d), the words "or equipment 'are deleted.
50. In Annex 2, point 3.3.3, the words "Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (3) 'and the words "or equipment' are deleted.
51. In Annex 2, point 3.3, the following points 3.3.5 and 3.3.6 are added:
3.3.6 The authorised person who has withdrawn the approval of the quality system shall inform the other authorised persons concerned and the Authority accordingly, stating the reasons for his decision. ';
52. Point 3.4 of Annex 2 reads as follows:
"3.4 EC supervision '.
53. In Annex No 2, point 3.4.1, the word "EC 'is inserted after the word" aim'.
54. In Annex No 2, point 3.4.2, the word "allow 'is replaced by" allow' and the word "supporting documents' is replaced by" information '.
55. In Annex 2, point 3.4.4, the words "or equipment 'are deleted and the following sentence is inserted after the first sentence:" Tests of appliances shall be carried out on their own or may be carried out.'
56. In Annex 2, point 3.4.5, the word "submit 'is replaced by" may submit'.
57. In Annex 2, point 4 reads as follows:
"4. EC declaration of conformity to the type (product quality assurance) [§ 3 (1) (c)] '.
58. Point 4.1 of Annex 2 reads as follows:
"4.1 EC declaration of conformity to the type (product quality assurance) is that part of the procedure whereby the manufacturer or importer who complies with the provisions of paragraph 4.2 declares that the appliances conform to the type described in the type certificate referred to in paragraph 1.4 and that they comply with the essential requirements applicable to them. The manufacturer or, where appropriate, the authorised representative shall issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer or the authorised representative. The identification number of the authorised person responsible for carrying out EC supervision shall be indicated for the CE marking.
For imported products not originating in the Member States of the European Community, the importer shall issue a declaration of conformity, the particulars of which are set out in Section 4, which shall apply to one or more appliances. ';
59. In Annex 2, point 4.3.1 (d), the words "as referred to in point 1.4 'shall be inserted after the words" of the type'.
60. In Annex No 2, point 4.3.2, the words "or equipment according to harmonised Czech technical standards' are replaced by the words" according to technical standards according to § 2 (3) '.
61. In Annex 2, point 4.3.3, the words "Czech technical standards' are replaced by the words" technical standards referred to in Section 2 (3) 'and the words "and equipment' are deleted.
62. In Annex 2, point 4.3, the following points 4.3.5 and 4.3.6 are added:
4.3.6 The authorised person who has withdrawn the approval of the quality system shall inform the other authorised persons concerned and the Authority accordingly, stating the reasons for his decision. ';
63. Point 4.4 of Annex 2 reads as follows:
"4.4 EC supervision '.
64. In Annex No 2, point 4.4.1, the word "EC 'is inserted after the word" aim'.
65. In Annex 2, point 4.4.2, the word "allow 'is replaced by" allow'.
66. In the first and second sentences of point 4.4.4 of Annex 2, the words "or equipment 'are deleted.
67. In Annex 2, point 4.4.5, the word "submit 'is replaced by" may submit'.
68. In Annex 2, point 5 reads:
"EC verification [§ 3 (1) (d)] '.
69. In Annex No 2, point 5.1, the words "Verification of conformity 'are replaced by the words" EC verification'; the words "or authorised representative 'shall be inserted after the word" manufacturer'; the words "or equipment 'shall be deleted; the words" as referred to in point 1.4' shall be inserted after the words "certificate of type ';
70. Point 5.2 of Annex 2 reads as follows:
"5.2. The manufacturer or importer shall take all necessary measures to ensure that, during the production process, the type of appliance described in the type certificate referred to in point 1.4 and the essential requirements applicable to it are complied with. The manufacturer or, where applicable, the authorised representative shall affix to each appliance the CE marking and issue a written declaration of conformity in accordance with the first sentence, which shall apply to one or more appliances and shall be kept with the manufacturer and, where appropriate, with the authorised representative.
For imported products not originating in the Member States of the European Community, the importer shall issue a declaration of conformity, the particulars of which are set out in Section 4, which shall apply to one or more appliances. ';
71. In Annex 2, point 5.3, the words "or equipment 'are deleted.
72. Point 5.4 of Annex 2 reads as follows:
"5.4 Verification of each appliance by inspection and testing '.
73.In Annex 2, point 5.4.1:
"5.4.1. All appliances shall be individually checked and the corresponding tests laid down in the technical standards referred to in Article 2 (3) shall be carried out or equivalent tests shall be carried out to verify their conformity with the type described in the type certificate referred to in point 1.4 and the essential requirements applicable to them. ';
74. Point 5.4.2 of Annex 2 reads as follows:
"5.4.2. The authorised person shall attach or have his identification number affixed to each appliance and, on the basis of the tests carried out, issue a written certificate of conformity. This certificate may include one or more appliances. ';
75. In Annex 2, point 5.4, the following point 5.4.3 is added:
"5.4.3. The manufacturer or, where appropriate, the authorised representative or importer shall ensure that certificates of conformity issued by the authorised person are presented on request. ';
76. Point 5.5.2 of Annex 2 reads as follows:
"5.5.2. Consumers shall be subjected to statistical control by comparison. They should be grouped into identifiable production levies consisting of units of a model produced under the same conditions. The production dose is checked at random intervals. Sample-forming appliances shall be checked individually and appropriate tests shall be carried out, as laid down in the relevant technical standards referred to in Article 2 (3), or equivalent tests to determine whether the production levy is to be accepted or rejected. A sampling system shall be used with the following characteristics:
(a) a quality level corresponding to 95% probability of acceptance with a percentage of non-conformity from 0,5% to 1,5%;
(b) a quality limit corresponding to 5% of the probability of acceptance with a percentage of non-conformity from 5% to 10%. "
77.Paragraph 5.5.3 of Annex 2 reads as follows:
"5.5.3. Where production levies are accepted, the authorised person shall attach or have his identification number affixed to each appliance and issue a written certificate of conformity on the basis of the tests carried out. All appliances from the production batch may be placed on the market, except for products from samples which were not in conformity.
Where the production levy is rejected, the authorised person shall take appropriate measures to prevent the placing on the market of that production levy. If production levies are rejected more frequently, the authorised person may discontinue the statistical verification. The manufacturer or importer may, with the consent of the authorised person, attach an identification number to the appliance during the production process. ';
78. In Annex 2, point 5.5, the following point 5.5.4 is added:
"5.5.4. The manufacturer or, where appropriate, the authorised representative or importer shall ensure that certificates of conformity issued by the authorised person are presented on request. ';
79. In Annex 2, point 6, the words "Verification of conformity of each product authorised by a person 'are replaced by the words" EC verification of whole' and point 6.1 are replaced by the following:
"6.1 EC verification of the whole is the procedure whereby the manufacturer or, where appropriate, the authorised representative or importer ensures and declares that the appliances for which the certificate referred to in point 6.2 has been issued comply with the essential requirements applicable to them. The manufacturer or, where applicable, the authorised representative shall ensure that the CE marking is placed on the appliance and shall issue a written declaration of conformity in accordance with the first sentence, which shall be kept with the manufacturer or authorised representative, as the case may be.
For imported products not originating in the Member States of the European Community, the Czech conformity mark shall be affixed instead of the CE marking and the importer shall issue a declaration of conformity, the particulars of which are set out in Section 4. ';
80. In Annex No 2, point 6.2, the words "or equipment 'are deleted and the following sentence is added:" Authorised person shall attach or be entitled to attach his identification number to an approved appliance and shall issue a written certificate of conformity on the basis of the tests carried out.';
188. in Annex 2, point 6.3 reads:
"6.3. The purpose of the technical documentation relating to the design of the equipment referred to in Annex 4 is to enable the assessment of conformity with the requirements of this Regulation and to understand the design, manufacture and functioning of the appliance. The authorised person shall have at his disposal the design documentation referred to in Annex 4. ';
82. In Annex 2, point 6.4, the words "or equipment 'are deleted.
83. Annex 3, including footnote 5, reads:
"Annex No 3 to Decree No. 177 / 1997 Coll.
CE MARKING
(1) The graphical form of the CE marking is laid down in a separate legislation.5) The identification number of the authorised person (notified authority) involved in the production controls shall be indicated after the CE marking.
(2) The CE marking and the following description shall be affixed to the appliance or label with the nominal particulars attached to the appliance inseparably:
(a) the name of the manufacturer and his identification mark;
(b) the trade name of the appliance;
(c) the type of electrical connection when used;
(d) category of appliance,
(e) the last two digits of the year in which the CE marking was affixed to the appliance.
Depending on the nature of the appliance, the information required for installation purposes may be attached.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No 287 / 2000 Coll., amending Government Regulation No 177 / 1997 Coll., laying down technical requirements for gas appliances |
|---|---|
| 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