Government Decree No. 289 / 2000 Coll.
Government Regulation amending Government Regulation No. 180 / 1999 Coll., laying down technical requirements for the efficiency of hot water boilers burning liquid or gaseous fuels
Valid
Regulation
Effective from 02.07.2001
Text versions:
02.07.2001
29.08.2000
289
GOVERNMENT REGULATION
of 3 July 2000
amending Government Regulation No 180 / 1999 Coll., laying down technical requirements for the efficiency of liquid or gaseous fuel hot water boilers
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. 180 / 1999 Coll., laying down technical requirements for the efficiency of hot water boilers burning liquid or gaseous fuels, is amended as follows:
1. in Article 1, the following paragraph 1 is inserted:
"(1) This Regulation lays down, in accordance with the law of the European Communities (1) and with the international Treaty (2), the technical requirements for the efficiency of liquid or gaseous boilers.
1) Council Directive 92 / 42 / EEC of 21 May 1992 on the efficiency requirements for new liquid or gaseous boilers, as amended by 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 words "new 'are replaced by the words" rated output' and the words "burners and boiler bodies intended for installation in boilers if they are separately placed on the market (" essential components') 'are replaced by the words "boiler bodies intended for installation with a burner or burners intended for installation in boiler bodies if they are separately placed on the market (" components') '.
3. In the introductory sentence of Section 2, the word "basic 'is deleted.
4. In Article 2 (e), the words "in the reservoir 'shall be inserted after the words" useful water'.
5. In Paragraph 3 (1) in the footnote below the table, the word "boiler 'is replaced by" boiler'.
6. In Article 3 (2) (b), the words "including liquid fuel condensing boilers' shall be inserted after the words" condensation '.
7. in Article 3 (2), the following points (d) and (e) are inserted after point (c):
"(d) supplementary heat exchanger means a component of a boiler intended for the supply of a central heating system which is installed in a exhaust gas and which is connected to a gas heater;
(e) boiler for accommodation means a boiler with a rated heat output of up to 37 kW, designed to transmit heat from a boiler having an open expansion vessel to the part of the housing in which the boiler is installed, and to supply hot water, self-circulation is used, such boilers shall be indicated on their mantle that they are intended for installation in the living space; ';
Points (d) to (g) shall be renumbered as points (f) to (i).
8. In Article 3 (2) (f), the words "the largest 'are inserted after the words" during a fixed period'; the words "during a fixed period 'are replaced by the words" permanent' and the words "or the importer 'are deleted from the first and second sentences.
9. in Paragraph 3 (2) (g), the words "heat input," shall be replaced by "product of calorific value at constant overpressure of fuel and fuel consumption per unit of time,"
10. in Article 3, paragraphs 4, 5, 6 and 7 read:
"(4) Boilers intended as supplementary heat exchangers and accommodation boilers which are largely installed at the date of entry into force of this Regulation may be put into service if their efficiency is greater than that laid down for the standard boilers referred to in paragraph 1, reduced by 4%.
(5) Where the essential requirements are specified by harmonised Czech technical standards (§ 4a (1) of the Act) or by foreign technical standards transposing harmonised European standards in the European Union States and the characteristics of boilers or components are compatible with them, it is considered that the essential requirements are met.
(6) The methods for verifying the efficiency of boilers for production and measurement are set out in the technical standards referred to in paragraph 5.
(7) Boilers which do not comply with the efficiency requirements of paragraph 1 must not be put into service. '
11. In Paragraph 4, the text referred to in paragraph 1 is renumbered, the word "basic 'is deleted and the word" EC' is inserted after the word "this Regulation '.
12. the following paragraphs 2 and 3 are added to Article 4, including footnote 3:
"(2) An authorised person who has carried out an EC type-examination in accordance with Annex 3 to this Regulation shall issue an EC type-examination certificate to a boiler or component. For imported boilers or components not originating in the Czech Republic or in Member States of the European Community, it shall issue a type certificate.
(3) In the case of gas boilers, conformity assessment procedures according to a specific legislation are also applied in parallel with the procedures for their effectiveness. 3)
3) Government Decree No. 177 / 1997 Coll., laying down technical requirements for gas appliances. '
13. The following Section 4a is inserted after Section 4:
(1) On the basis of the conformity assessment referred to in Article 4, the manufacturer or importer shall issue a certificate of conformity, the particulars of which are set out in Section 7.
(2) For boilers or components which originate in the Czech Republic or in Member States of the European Community and which comply with the requirements of this Regulation, the CE marking provided for in Annex 1 (1) shall be placed on the product instead of the declaration of conformity, the condition of which is to draw up a written declaration of conformity indicating that the boilers or components comply with the type described in the EC type-examination certificate and that they comply with the essential requirements. At the same time, parameters are defined to enable the components, after assembly of the boiler for which they are intended, to reach the required level of efficiency referred to in § 3 (1).
(3) The CE marking shall be placed on the boiler and components in a visible, easily legible and indelible manner. The boiler and components may be labelled other than the CE marking provided that the visibility and legibility of the CE marking are not thereby reduced.
(4) Where boilers or components are also subject to other government regulations relating to other requirements 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.
(5) However, if one or more of these regulations of the Government for a transitional period allow the manufacturer to choose which provisions he will follow, the CE marking or the declaration of conformity shall only indicate compliance with those provisions of the Government Regulations which the manufacturer has used. In this case, the accompanying documentation, warnings or instructions required by the government regulations concerned and annexed to the relevant boilers or components shall include a list of the government regulations used.
14. In Section 5, the current text is renumbered as paragraph 1, the words "paragraph 4 'are replaced by the words" paragraph 8', the dot is deleted at the end and the words "and the declaration of conformity issued pursuant to Paragraph 4a (2) or the declaration of conformity with the requirements laid down in Section 7 are added. 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. '
16. in Article 7 (1), the following point (d) is inserted after point (c):
"(d) the determination of parameters enabling the components, after the installation of the boiler for which they were intended, to achieve the required level of efficiency referred to in Article 3 (1);"
Points (d) to (h) shall be renumbered as points (e) to (i).
17. in Article 7 (1) (f), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 3 (5)."
18. in Paragraph 7 (1) (g), the words "where a type examination has been carried out in accordance with Annex 3 to this Regulation" shall be deleted and the words "EC" shall be inserted after the words "EC."
19. in Paragraph 7 (1) (h), the word "basic" before the word "components" shall be deleted;
20. in Article 7, paragraphs 2 and 4 are deleted;
Paragraph 3 shall become paragraph 2.
21. in Article 7 (2), the word "basic" shall be deleted;
22. In Section 8, the word "basic 'is deleted and the following sentence is added at the end:" The CE marking may not be affixed to these products'.
23. Annex No 1, including footnote 4, reads:
"Annex No. 1 to Government Decree No. 180 / 1999 Coll.
CE MARKING AND ADDITIONAL SPECIFIC MARKS
1. CE marking
The graphical form of the CE marking shall be determined in accordance with the specific legislation.4)
2. Additional specific markings
(a) The last two digits of the year in which the CE marking was affixed.
(b) The energy efficiency symbol referred to in Article 6 of this Regulation shall take the following graphic form:
4) Decree No. 291 / 2000 Coll., laying down the graphic form of the CE marking. '
24. In Annex 2, the word "power 'shall be inserted after the word" nominal'.
25. The title of Annex 3 shall read as follows:
"EC TYPE REVIEW
(Paragraph 4 (1) - Module B) ';
26. In Annex 3, point 1, the word "Review 'is replaced by" EC examination', the words "boiler or essential components' and the words" or imports' are deleted.
27. In Annex 3, point 2 reads as follows:
'2. The application for EC type-examination shall be submitted by the manufacturer or, where appropriate, by an authorised representative or importer to an authorised person at his choice.
The application shall include:
(a) identification of the manufacturer, i.e. for legal persons, the business name and registered office and, for natural persons, the name, surname and address. Where an application is submitted by an authorised representative or importer, it shall also contain their identification details,
(b) a written declaration that the same application has not been submitted to another authorised person;
(c) the technical documentation, the content of which is given in point 3;
(d) a sample of the production envisaged (hereinafter referred to as "type"), the authorised person may request further samples if necessary for the performance of the test programme. "
28. in Annex 3, point 3, the dash is replaced by points (a) to (f).
29. In Annex 3, point 4.1, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Article 3 (5) '.
30. In Annex 3, point 4.2, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Section 3 (5) '.
31. In Annex 3, point 4.3, the words "harmonised Czech technical standards' are replaced by the words" technical standards referred to in Section 3 (5) '.
32. In Annex 3, point 4.5 becomes point 5 and point 5 becomes point 6.
33. In the fifth sentence of point 5 of Annex 3, the words "or authorised representative 'shall be inserted after the word" manufacturer'; the words "type certificate 'shall be replaced by the words" Section 4 (2) certificate'; the words "Type certificate 'shall be replaced by the words" This certificate';
34. In the last sentence of point 5 of Annex No 3, the words "manufacturer or importer 'shall be replaced by the words" manufacturer or authorised representative or importer' and the words "type certificate, details of the reasons for such refusal in the report to be transmitted by the manufacturer or importer 'shall be replaced by the words" certificate, communicate the detailed grounds for refusal to the manufacturer and provide him with the possibility of objecting to refusal'.
35. In Annex 3, point 6, the words "Boiler manufacturer or importer or essential components' are replaced by the words" Applicant ', the words "certified type' are replaced by the words" Boiler or component which requires additional approval. The additional approval shall be confirmed in the form of a supplement to the original certificate. 'and the last sentence shall be deleted.
36. In Annex 3, points 7, 8 and 9 are added:
'7. The manufacturer or, where appropriate, the authorised representative or importer shall, together with the technical documentation, keep copies of the certificates issued pursuant to Paragraph 4 (2) and their additions for at least 10 years after the date of the last manufacture of the product concerned.
9. The authorised person shall provide other relevant authorised persons and the Technical Standardisation, Metrology and State Testing Office (hereinafter referred to as "the Office ') with information on the certificates and additions they have issued and revoked. They shall also be made available, upon request, to them.';
37. In Annex 4, Part I, the words "Section 4 (b) 'are replaced by" Section 4 (1) (a) - Module C'.
38. In Annex 4, Part I, points 1, 2 and 3 read:
"1. The verification of the conformity of the product with the certified type is a procedure whereby the manufacturer and, where appropriate, the authorised representative convince and declare that the boilers or components comply with the type described in the certificate issued in accordance with Article 4 (2) and meet the relevant requirements of this Regulation. The manufacturer or authorised representative shall place on each product the CE marking and issue a written declaration of conformity in accordance with the first sentence. For imported boilers and components not originating in the Czech Republic or 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 7.
2. The manufacturer shall ensure all measures necessary for the production process to ensure compliance of the boilers or components produced with the type described in the certificate issued in accordance with § 4 (2) and with the essential requirements.
3. Authorised person, chosen by the manufacturer, shall carry out or have the product tested at random intervals. An appropriate sample of finished products randomly selected by an authorized person shall be tested and the relevant tests, as defined in the technical standards referred to in Article 3 (5), shall be carried out or equivalent tests shall be carried out to determine whether the products comply with the essential requirements. Where one or more samples of the products tested do not comply, the authorised person shall take the necessary measures (in particular, inform the manufacturer to prevent the placing on the market of the products). ';
39. In Annex No 4, Part II, in the title, the words "Section 4 (c) 'are replaced by" Section 4 (1) (b) - Module D'.
40. In Annex No 4, Part II, point 1, the word "basic 'is deleted, the word" type' is replaced by the words "issued pursuant to Paragraph 4 (2) ', the sentence" Manufacturer or importer shall draw up a written declaration of conformity' is replaced by the words "The manufacturer shall place the CE marking on each product and draw up the certificate of conformity according to the first sentence. The CE marking must be accompanied by the identification number of the authorised person who oversees the quality system referred to in point 4. 'and at the end the sentence" For imported products not originating in the Czech Republic or 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 7.'
41. In Annex No 4, Part II, point 3.1, the words "The manufacturer or importer shall provide the authorised person 'are replaced by the words" The manufacturer shall submit an application for the assessment of his quality system for the boilers or components authorised to the person of his choice. The application shall include:';
42. in Annex 4, Part II, point 3.1 (a), the word "basic" shall be deleted;
43. In Annex No 4, Part II, point 3.1 (c), the words "issued pursuant to Paragraph 4 (2) 'shall be inserted after the words" type certificate'.
44. In Annex 4, Part II, point 3.2, the word "basic 'is deleted. The words" type certificate' are replaced by the words "certificate issued pursuant to Paragraph 4 (2) '.
45. in Annex No 4, Part II, point 3.2 (a), the word "basic" shall be deleted;
46. in Annex 4, Part II, point 3.2 (e), the word "basic" shall be deleted;
47. In Annex No 4, Part II, point 3.3, the words "harmonised Czech technical standard 'are replaced by the words" technical standard according to § 3 (5)'; the following sentence is inserted after the third sentence: "The competent team of assessors must have at least one member with experience in assessing the relevant production technology '; in the last sentence, the words" to the essential' are deleted and the words "to their assessment 'are replaced by the words" and the reasoned decision on their approval'.
48. In the first sentence of point 3.4 of Part II of Annex No 4, the words "basic 'shall be deleted; the words" from the assessed' shall be replaced by the words "approved '; in the second sentence, the words" Manufacturer' shall be inserted after the words "authorised representative '; and the word" assessed' shall be replaced by "approved ';
49. In Annex No 4, Part II, point 4.1, the word "approved 'is inserted after the words" resulting from'.
50. In Annex 4, Part II, point 4.2, the word "basic 'is deleted.
51. In Annex 4, Part II, point 4.3, the words "including on-the-spot assessment 'shall be inserted after the words" supervision' and the words "basic 'shall be deleted.
52. In Annex 4, Part II, point 4.4, the word "report 'is replaced by" Protocol'.
53. In Annex 4, Part II, points 4.5, 4.6 and 4.7 are added:
"4.5. The manufacturer shall keep for at least 10 years after the date of the last manufacture of the product:
(a) the documents referred to in point 3.1;
(b) the update referred to in point 3.4;
(c) the notifications, protocols and reports of the authorised person referred to in the last paragraph of point 3.4 and points 4.3 and 4.4.
4.7 Each authorised person shall provide the other competent authorised persons and the Office with information on documents relating to the quality system approval issued and cancelled. ';
54. In Annex 4, Part III, in the title, the words "Section 4 (d) 'are replaced by" Section 4 (1) (c) - Module E'.
55. In Annex 4, Part III, point 1, the word "basic 'is deleted, the words" type certificate' are replaced by the words "certificate issued in accordance with Section 4 (2) 'and the second and third sentences are replaced by:" The manufacturer shall place on each boiler or component the CE marking and draw up a written declaration of conformity with the content according to the first sentence. For imported boilers and components not originating in the Czech Republic or 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 7.'
56. In Annex 4, Part III, the following point 1.1 is inserted after point 1:
"1.1. The CE marking shall be accompanied by the identification number of the authorised person carrying out the supervision referred to in point 4. ';
57. In Annex No 4, Part III, point 2, the word "approved 'shall be inserted after the word" applicable' and the word "products' shall be replaced by" controls and testing of finished boilers or components'.
58. In Annex No 4, Part III, point 3.1, the words "Manufacturer or importer 'are replaced by the words" Manufacturer or importer shall submit an application for assessment of its quality system for boilers or components authorised to a person at his choice and'.
59. In Annex No 4, Part III, point 3.1 (a), the word "basic 'is deleted.
60. In Annex No 4, Part III, point 3.1 (c), the words "issued pursuant to Paragraph 4 (2) 'shall be inserted after the words" type certificate'.
61. In Annex 4, Part III, point 3.2, the word "basic 'is deleted and the words" harmonised Czech technical standards' are replaced by the words "technical standards referred to in Article 3 (5) '.
62. In Annex No 4, Part III, point 3.2 (a), the word "basic 'is deleted.
63. In Annex No 4, Part III, point 3.2 (b), the words "production, quality management and quality assurance procedures' are replaced by the words" post-production testing and testing '.
64. In Annex No 4, Part III, point 3.2 (c):
"(c) means of monitoring the effectiveness of the quality system;"
65. In Annex 4, Part III, point 3.3, the following sentence is inserted after the second sentence: "The competent team of assessors shall have at least one member experienced in the assessment of the relevant production technology. '; in the last sentence, the words" report' shall be replaced by the words "decision 'and the word" basic' shall be deleted.
66. In Annex 4, Part III, point 3.4, the word "basic 'is deleted and the words" from assessed' are replaced by the words "approved '.
67. In Annex 4, Part III, point 3.4, "Manufacturer 'is replaced by" Manufacturer or authorised representative'.
68. In Annex 4, Part III, point 4.1, the word "approved 'shall be inserted after the words" resulting from'.
69. In Annex 4, Part III, point 4.2, the word "basic 'is deleted.
70. In Annex 4, Part III, point 4.3, the words "including on-the-spot assessment 'shall be inserted after the words" regular surveillance', the word "basic 'shall be deleted and the word" report' shall be replaced by the word "protocol '.
71. In Annex 4, Part III, point 4.4, the word "report 'is replaced by" Protocol'.
72. The following points 4.5, 4.6 and 4.7 are added to Annex 4, Part III:
"4.5. The manufacturer shall keep for at least 10 years after the date of the last production of the boiler or component:
(a) the documents referred to in point 3.1 (c);
(b) details of changes in accordance with the second paragraph of point 3.4;
(c) the notifications and protocols of the authorised person referred to in the third paragraph of point 3.4 and points 4.3 and 4.4.
4.7 Each authorised person shall provide the other competent authorised persons or the Office with information on the documents relating to the quality system approval issued and cancelled. ';
73. The following Annex 5 is added:
"Annex 5 to Government Decree No. 180 / 1999 Coll.
AUTORISATION CONDITIONS
The conditions of authorisation under Section 11 (2) of the Act are:
1. The Authorised Person, its Director and the staff responsible for carrying out the verification tests shall not be the designers, manufacturers, suppliers or installers carrying out the installation of boilers or components they verify, nor shall the authorised representatives of any of these Parties. They shall not participate directly or as authorised representatives in the design, manufacture, placing on the market or maintenance of such boilers and components. This shall not preclude the possibility of exchanging technical information between the manufacturer and the authorised person.
2. The Authorised Person and its staff shall carry out verification tests at the highest level of professionalism and competence and shall avoid any coercion and motivation, in particular financial ones, which could affect their assessment of the results of the checks, in particular for persons or groups of persons interested in the outcome of the verification.
3. The authorised person shall have at his disposal the necessary staff and own the necessary facilities to enable the administrative and technical tasks related to verification to be carried out properly; shall also have access to the equipment required for special verification.
4. The staff responsible for the inspection shall have:
(a) proper technical and professional training;
(b) satisfactory knowledge of the requirements of the tests they carry out and adequate experience for carrying out those tests;
(c) the ability to draw up certificates, records and protocols required to record the test course.
5. The authorised person shall ensure the impartiality of the control staff. Their remuneration shall not depend on the number of tests carried out or the results of such tests.
6. Maintaining the confidentiality of the authorised person's staff on all the facts they are aware of in the activities of the authorised person under this Regulation. This obligation shall not apply to competent national authorities.
7. Authorised person is required to take out liability insurance (Section 11 (3) of the Act). '
Within one year of the entry into force of this Regulation, products not intended for placing on the market of the European Community may, instead of Paragraph 4a (2), be treated in accordance with Paragraph 4a (1).
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 Contracts, with the exception of § 4a (6), § 5 (2), Annex 3 (8), Annex 4 (II) (4.6) and Annex 4 (III) (4.6), 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. Point 9 of Annex 3 to this Regulation, point 4.7 of Part II and point 4.7 of Part III of Annex 4 to this Regulation shall cease to apply.
Prime Minister:
v. JUDr. Rychetský v. r.
Minister for Industry and Trade:
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Regulation Information
| Citation | Government Regulation No. 289 / 2000 Coll., amending Government Regulation No. 180 / 1999 Coll., laying down technical requirements for the efficiency of hot water boilers burning liquid or gaseous fuels |
|---|---|
| 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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