Act No. 299 / 2011 Coll.
Act amending Act No. 406 / 2000 Coll., on Energy Management, as amended, and Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Acts (Energy Act), as amended
Valid
Law
Effective from 13.11.2011
Text versions:
13.11.2011
14.10.2011
299
THE LAW
of 6 September 2011
amending Act No. 406 / 2000 Coll., on Energy Management, as amended, and Act No. 458 / 2000 Coll., on Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Energy Management Act
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 574 / 2006 Coll., Act No. 393 / 2007 Coll., Act No. 124 / 2008 Coll. and Act No. 223 / 2009 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2002 / 91 / EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings. Directive 2009 / 28 / EC of the European Parliament and of the Council of 23 April 2009 on promoting the use of energy from renewable sources and amending and subsequently repealing Directives 2001 / 77 / EC and 2003 / 30 / EC. Directive 2009 / 125 / EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products. Directive 2010 / 30 / EU of the European Parliament and of the Council of 19 May 2010 on the labelling of energy-related products and standard product information. ';
2. In Article 1, the words "European Communities' are replaced by the words" European Union 'and the words "Community'.
3. In Article 1, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) requirements for energy consumption and other main sources on energy labelling of energy-related products."
4. In Article 2, the comma at the end of point (q) is replaced by a dot and points (r) to (w) are deleted.
5. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Furthermore, for the purposes of this Act:
(a) an energy-related product which, when used, has an impact on energy consumption and which is placed on the market or put into service, as well as parts which are intended to be incorporated into an energy-related product and which are placed on the market or put into service as individual parts for end-users and whose environmental effects can be assessed separately;
(b) parts and sub-assemblies of a part intended for incorporation in a product associated with energy consumption which are not placed on the market or put into service as individual parts for end-users or for which the environmental impact cannot be assessed separately;
(c) an energy labelling of an energy-related product containing data on energy consumption and other major sources consumed in relation to that product;
(d) an information sheet standardized overview of the information relating to the energy-related product;
(e) the ecodesign of the inclusion of energy-related elements or functions which may affect the environment during the life cycle of the product into the energy-related product design in order to improve the environmental performance of the product throughout the life cycle;
(f) other main sources of water, chemicals or any other substance consumed by the product in normal use;
(g) placing on the market the first making available on the Union market of an energy-related product with a view to its distribution or use in the Union for remuneration, irrespective of the method of sale, or free of charge;
(h) putting into service the first use of an energy-related product by a user in a Member State of the Union for the purpose for which it was manufactured;
(i) by the manufacturer, the person producing the energy-related product and intending to place the product on the market or put into service under his name and, where appropriate, the trade mark;
(j) an authorised representative of a person established in the Union who has been authorised by the manufacturer in writing to fulfil on his behalf, in whole or in part, the obligations arising under this law;
(k) an importer established in the Union who places on the market or puts into service in the Union a third-country energy-related product;
(l) the supplier of the manufacturer or his authorised representative in the Union or the importer, placing a product connected with energy consumption on the market or putting into service in the Union; where these do not exist, any person who places on the market or puts into service in the Union energy-related products covered by this law shall be considered a supplier;
(m) by the trader, the person who sells, rents, offers for sale on instalments or presents energy-related products to end-users. "
6. Paragraph 8, including the title and footnotes No 10 and 11, reads as follows:
Energy labels
(1) The energy-related products covered by the labelling requirements, the supply of information sheets and the processing of technical documentation are laid down in a directly applicable European Union regulation and the list of such products is set out in the implementing legislation.
(2) The supplier is obliged
(a) to supply a printed label and an information sheet which complies with the requirements laid down in implementing legislation10);
(b) keep the technical documentation referred to in paragraph 3 for inspection purposes for at least five years after the production of the last energy-related product concerned;
(c) submit, on request by the State Energy Inspection, the technical documentation referred to in paragraph 3 and any evidence demonstrating the accuracy of the information on the label, the fiche and the technical documentation;
(d) submit an electronic version of the technical documentation to the European Commission on request, within 10 working days of receipt of the request from the State Energy Inspection or the European Commission;
(e) to provide traders, on request, with immediately and without charge the necessary energy labelling and information sheets of energy-related products;
(f) include an information sheet of an energy-related product in all information and advertising material relating to an energy-related product;
(g) indicate on energy labels and information sheets the correct information based on measurement methods and procedures under implementing legislation10).
(3) The technical documentation shall include:
(a) a general description of the energy-related product;
(b) design calculations carried out, where provided for by implementing legislation;
(c) test reports, if available, including those of those which have been carried out by the relevant notified persons under other legislation11);
(d) calculations or deriving of the information referred to in points (a) to (c) where such information has been obtained by means of tests on similar types of energy-related products to verify the accuracy of that information, including a list of all other similar types of energy-related products for which the information has been obtained in the same way, provided that the implementing legislation so provides.
(4) The trader is obliged
(a) display an energy label on or in the case of an energy-related product in a properly visible and legible manner and provide an information sheet in information and advertising material relating to an energy-related product accompanying energy-related products when sold to end-users;
(b) to affix the energy-related product with the relevant energy label on the site provided for in Implementing Legislation (10), in the Czech language whenever the energy-related product covered by Implementing Legislation (10) is offered or displayed;
(c) proceed where products are offered for sale, hire or hire-purchase by mail, catalogue, internet, telemarketing or any other means in which the potential end-user cannot be expected to see the energy-related product displayed, so that the information on the label and the fiche is made available to the end-user in accordance with the implementing legislation10).
(5) Furthermore, the supplier and trader are required to refer to the energy efficiency class of the energy-related product in:
(a) information and advertising material describing energy consumption or the price of the energy-related product;
(b) information and advertising technical material describing the specific technical parameters of the energy-related product published in written or electronic form.
(6) The energy labelling, information sheets and technical documentation requirements under this Act do not apply to the energy-related products used, any means of transport for the transport of persons, animals or goods and to the performance label or equivalent of the energy-related product for safety reasons.
(7) The details of the labelling of energy-related products, the design and content of labels and fiche, the methods and procedures for measuring, the determination of the energy efficiency class and the details of the content of the technical documentsshall be laid down in implementing legislation10).
10) Decree No 442 / 2004 Coll., laying down the details of the labelling of energy-labelling appliances and the processing of technical documentation, as well as the minimum efficiency of energy use for electrical appliances placed on the market.
11) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
7. § 8a, including the title reads:
Ecodesign
(1) Energy-related products subject to ecodesign requirements, CE marking and EC declaration of conformity are laid down in a directly applicable European Union Regulation and the list of these products is set out in the implementing legislation.
(2) The manufacturer or his authorised representative shall:
(a) placing on the market or putting into service energy-related products only if they comply with ecodesign requirements, after conformity assessment, after CE marking and after the EC declaration of conformity, in accordance with the implementing legislation;
(b) not to attach to an energy-related product any other indication which could mislead the user or lead to confusion as to the meaning and shape of the CE marking;
(c) to draw up documents relating to the conformity assessment and the EC declaration of conformity in the Czech language.
(3) The manufacturer or his authorised representative shall, after the product is placed on the market or put into service:
(a) keep the relevant documents relating to the conformity assessment carried out and the EC declaration of conformity issued for a period of 10 years after the production of the last energy-related product referred to above;
(b) to provide the State Energy Inspection with all necessary information referred to in this Act and in the implementing legislation relating to the verification of the CE marking, the assessment and presumption of conformity and the EC declaration of conformity, within 10 days of receipt of the request from the State Energy Inspection,
(c) provide the State Energy Inspection with samples of energy-related products to verify the CE marking, to assess and assume conformity and to the EC declaration of conformity;
(d) in the case of placing on the market or putting into service of components and sub-assemblies, provide the manufacturer of the energy-related product covered by this provision with data on the material composition and consumption of the energy, materials or resources of those components or sub-assemblies, if the implementing legislation so provides;
(e) provide final users of energy-related products with the necessary information on how they can contribute to the sustainable use of energy-related products and the ecological profile of energy-related products and the benefits of ecodesign under the implementing legislation.
(4) Where the manufacturer is not established in the Union and there is no authorised representative, the obligation referred to in paragraphs 2 and 3 shall be imposed on the importer. In the absence of an importer, the person who places on the market or puts into service the energy-related products referred to in paragraph 1 shall be deemed to be a mandatory person under this provision.
(5) The CE marking and EC declaration of conformity requirements do not apply to means of transport for the transport of persons, animals or goods and to energy-related products displayed at fairs, exhibitions or demonstration events, provided that they are accompanied by a notification that they must not be placed on the market or put into service within the territory of the Union until they comply with the requirements laid down in this law and the implementing legislation.
(6) The ecodesign requirements, the particulars of the CE marking, the content of the EC declaration of conformity, the assessment procedures and the presumption of conformity, the procedures for verifying ecodesign requirements and the provision of product information and its use are laid down in implementing legislation. "
8. in Article 12 (1), points (g) to (n) shall be renumbered as points (f) to (m).
9. Paragraph 12 (2) reads as follows:
"(2) A penalty of up to CZK 100,000 may be imposed for an offence."
10. in Article 12a (1), points (g) to (p) shall be renumbered as points (f) to (o).
11. in Article 12a (1), the comma at the end of (m) shall be replaced by a dot and points (n) and (o) shall be deleted;
12. in Article 12a (2) (g) to (j):
"(g) as a supplier of energy-related products referred to in Article 8 (1), infringes one of the obligations under Article 8 (2);
(h) as a trader trading in energy-related products referred to in Article 8 (1), infringes one of the obligations under Article 8 (4);
(i) as a supplier of energy-related products referred to in Article 8 (1) or as a trader trading such products, infringes any of the obligations under Article 8 (5);
(j) as a manufacturer, his authorised representative or importer placing on the market or putting into service energy-related products referred to in Article 8a (1) infringes one of the obligations under Article 8a (2). "
13. in Paragraph 12a, at the end of paragraph 2, the dot is replaced by a comma and the following points (k) to (m) are added:
"(k) as a manufacturer, authorised representative or importer placing on the market or putting into service energy-related products referred to in Article 8a (1) infringes one of the obligations under Article 8a (3);
(l) as a supplier of energy-related products referred to in Article 8 (1), fails to comply with the measures provided for in Article 94 (2) (c), (d) or (e) of the Energy Act; or
(m) as a manufacturer, authorised representative or importer of energy-related products referred to in Article 8a (1), fails to comply with the measures provided for in Article 94 (2) (c), (d) or (e) of the Energy Act. "
14. in Article 12a (4) (c), "10" is replaced by "11."
15. in Article 12a (4) (d), "11" is replaced by "12."
16. in Article 12a (4) (e), "12" is replaced by "13."
17. in Article 12a (4) (f), "13" is replaced by "14."
18. in Paragraph 12a (4) (g), "14" is replaced by "15."
19. in Paragraph 12a (6):
"(6) A fine shall be imposed for the administrative offence:
(a) 100 000 CZK if it is an administrative offence pursuant to paragraph 1 or paragraph 3 (b) or (d);
(b) 200 000 CZK if it is an administrative offence pursuant to paragraph 3 (a) or (c), paragraphs 4 (b), (c), (d), (e), (f) or (g) or paragraph 5;
(c) 5 000 000 CZK if it is an administrative offence pursuant to paragraph 2 or paragraph 4 (a). "
Transitional provision
Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Amendment of the Energy Act
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Acts (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 158 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 155 / 2010 Coll., Act No. 211 / 2011 Coll., amended as follows:
1. In Paragraph 30a (1), "1 MW 'is replaced by" 100 kW'.
2. in Paragraph 94 (1), points (d) to (g) are deleted;
Points (h) to (j) shall be renumbered as points (d) to (f).
3. In Paragraph 94, the following paragraph 2 is inserted after paragraph 1:
"(2) The State Energy Inspection shall ensure that energy-related products are placed on the market, put into service or distributed in accordance with the requirements laid down in the Energy Management Act. In this context, the State Energy Inspection Service is entitled to:
(a) request from controlled persons all information necessary to assess the conformity of energy-related products with the requirements of the Energy Management Act;
(b) to take on the cargo of persons checked the necessary samples of energy-related products to assess whether these products meet the requirements of the Energy Management Act;
(c) carry out analyses or carry out analyses to verify that energy-related products comply with the requirements of the Energy Management Act; Such analyses shall be carried out with the competent authorities or persons; if it has been found by analysis that the product does not meet the requirements of the Energy Management Act, the cost of the analysis shall be borne by the controlled person;
(d) to require controlled persons to remedy the deficiencies identified, their causes and the harmful consequences within the time limit laid down, or to implement immediately the necessary corrective measures;
(e) order the restriction or prohibition of placing on the market, putting into service or distribution of energy-related products until the unlawful situation has been remedied;
(f) order the withdrawal of the non-compliant energy-related product from the market; At the same time, the State Energy Inspection may order the destruction of a product associated with energy consumption or order its degradation;
(g) to notify without delay the measures taken under points (e) and (f) to the European Commission and the other Member States of the European Union. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
EFFECTIVE
This Act shall take effect on the 30th day following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 299 / 2011 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended, and Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.2011 |
|---|---|
| Effective from | 13.11.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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