Government Decree No. 339 / 2002 Coll.
Government Regulation on procedures for providing information in the field of technical regulations, technical documents and technical standards
Valid
Regulation
Effective from 01.05.2004
339
GOVERNMENT REGULATION
of 3 July 2002
on procedures for the provision of information in the field of technical regulations, technical documents and technical standards
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. and Act No. 205 / 2002 Coll., (hereinafter referred to as "the Act ') to implement Section 7 of the Act:
PROVISION OF INFORMATION RELATING TO MEMBER STATES OF THE EUROPEAN UNION AND THE INSTITUTIONS OF THE EUROPEAN UNION
Subject matter
(1) This Regulation implements the relevant provisions of the European Union1), building on the directly applicable European Union regulation governing the field of European normalization10) and adapting the procedure, scope and formalities for providing information on draft technical regulations, technical documents and technical standards.
(2) The provision of information under this Regulation shall be subject to technical requirements for products or rules for information society services (hereinafter referred to as "the service '), including the relevant decisions or measures of administrative offices or authorities which relate to product requirements or rules for services. The obligation to comply with these requirements or the rules on services when placing the product on the market, when providing the service, in the business of the service provider or in use in the Czech Republic may be established directly or indirectly. The provision of information is also subject to legislation and decisions or measures by administrative authorities or authorities prohibiting the production, import, sale or use of a product or prohibiting the provision or use of a service or the business of a service provider.
(3) For the purposes of this Regulation, the indirect provision of an obligation shall mean the establishment of an obligation:
(a) in the legislation or decisions or measures of administrative offices or authorities which refer to technical requirements or rules of service, or to professional rules or rules of practice referring to technical requirements or rules of service, compliance with which is a prerequisite for compliance with the obligations imposed by those laws or decisions or measures by administrative authorities or authorities;
(b) in contracts in which the public authority is a party and which, in the public interest, establish compliance with technical requirements or rules on services, with the exception of contracts concluded in accordance with the results of public procurement pursuant to a special law, 1a)
(c) in the legislation or decisions or measures of administrative offices or authorities containing technical requirements or rules on services related to tax or financial measures affecting the consumption of goods or services by promoting compliance with those technical requirements, with the exception of social security rules.
(4) This Regulation shall not apply to:
(a) technical regulations and technical documents which:
1. adopt European Union legislation;
2. take over the obligations arising from international agreements leading to the adoption of common technical specifications or rules for services in the European Union;
3. are a protective measure under special legislation, 2)
4. are measures for the presence of a dangerous product on the market under specific legislation, 3)
5. Issued on the basis of a judgment of the Court of Justice of the European Union,
6. are an amendment to a technical regulation or technical document made at the request of the European Commission (hereinafter referred to as the Commission),
7. include the rules for the services listed in the Annex to this Regulation;
(b) the legislation necessary for the protection of persons, in particular workers who use products, provided that such legislation does not concern technical requirements for products.
(5) For the purposes of this Regulation, the service of the information society shall mean any service provided by electronic means at the user's individual request by electronic means, normally provided for remuneration; the service is provided by electronic means when the message is sent through an electronic communications network and collected by the user from an electronic data storage device.
(6) A service rule shall mean a requirement of a general nature relating to access to and operation of services, in particular requirements relating to the service provider, the services themselves and the service recipient, where the nature of that rule makes it clear that the service is intended to regulate.
Details of the provision of technical regulations and technical documents information
(1) Ministries, other central administrative offices and the Czech National Bank in the processing of draft technical regulations and technical documents (hereinafter referred to as "the proposal") within their competence of the Office for Technical Standardisation, Metrology and State Testing (hereinafter referred to as "the Office")
(a) transmit the application at the stage at which substantial amendments may still be made, within at least 100 days before the planned date of submission of the application for approval, together with:
1. by notifying the reasons for which it is necessary to submit such a proposal,
2. information on the technical standard if the proposal takes over the full text of the international or European standard; in which case it is not necessary to provide the text of the proposal,
3. information on legislation and, where appropriate, other documents if their knowledge is necessary to assess the consequences of the proposal,
(b) notify the evaluation and settlement of comments or detailed opinions of the Commission or of the Member States of the European Union (hereinafter referred to as "the Member States"),
(c) transmit the proposal again if substantial amendments are made; substantial changes are meant for these purposes by changes that fundamentally change the scope or duration of the proposal, supplement the specifications or requirements or strengthen the requirements;
(d) provide without undue delay an approved technical regulation or technical document.
(2) Where a proposal is also covered by an information obligation under a specific legislation, transposing a European Union law which includes the information referred to in paragraph 1, a notification under that specific legislation shall suffice, provided that such notification explicitly states that it is also a notification under a European Union law. 1)
(3) For proposals which may restrict the placing on the market or use of a chemical, product or product in order to protect public health or consumer protection or the environment, the competent administrative authority shall also forward to the Authority an overview of all relevant data on the substance, product or product concerned and on known and available substitutes, or a reference thereto where such data are available, and shall also communicate the expected effects on public health and consumer protection and the environment, together with an assessment of the risk of the chemical in an appropriate manner, in accordance with the general principles of the risk assessment of chemicals referred to in the specific legislation. 4) This provision is without prejudice to the provision of information under specific legislation.
(4) The legal person responsible for the security of the production and publication of Czech technical standards shall notify the Office of any request concerning the development of technical specifications or technical standards for specific products for the purpose of processing the draft technical regulation for these particular products. The legal person in charge of the security of the production and publication of Czech technical standards shall also state the reasons for the development of the technical specification or technical standard.
(1) The information and documents provided pursuant to Article 2 (1), (3) and (4) shall be transmitted by the Office to the Commission without undue delay.
(2) The information and documents provided by the Commission shall be transmitted by the Office to the competent Ministry, to another Central Administrative Office or to the Czech National Bank without undue delay.
(1) The Ministry, another Central Administrative Office or the Czech National Bank shall not submit for approval or approve the proposal within 3 months of the date on which the Commission receives notification of the proposal; the Office shall inform the competent Ministry, other Central Administrative Office or the Czech National Bank thereof.
(2) The period referred to in paragraph 1 is hereby extended to:
(a) 4 months in the case of a draft technical document which takes the form of an agreement, if the Commission or a Member State delivers a detailed opinion on the proposal indicating that the proposal may create technical barriers to trade,
(b) 4 months in the case of a proposal containing rules on services, where the Commission or a Member State delivers a detailed opinion on the proposal indicating that the proposal may create obstacles to the freedom to provide services or the freedom to provide services within the internal market of the European Union;
(c) 6 months in the case of a proposal, if the Commission or the Member State delivers a detailed opinion on the proposal indicating that the proposal may create technical barriers to trade,
(d) 12 months in the case of a proposal, with the exception of the rules on services, if the Commission notifies its intention to propose or adopt legislation on the subject;
(e) 12 months in the case of a proposal, including rules on services, where the Commission notifies that the proposal concerns a matter which is within the scope of the draft legislation submitted to the Council of the European Union,
(f) 18 months if the Council of the European Union adopts a common opinion on the cases referred to in points (d) and (e).
(3) The period referred to in paragraph 2 (d), (e) and (f) may be terminated earlier on the date on which:
(a) the Commission shall inform the Member States that it no longer intends to propose or adopt legislation or that it has withdrawn its proposal or intention; or
(b) the Commission or the Council of the European Union shall adopt legislation on this matter.
(4) Paragraphs 1 to 3 shall not apply where the Ministry, another Central Administrative Office or the Czech National Bank have demonstrable grounds for concluding that:
(a) the Czech Republic is obliged to prepare technical regulations or technical documents within a very short period for urgent reasons relating to the protection of public health or the safety, protection of animals or plants and, in the case of rules on services, also for reasons of morality, in particular in the protection of minors; or
(b) The Czech Republic is obliged, for urgent reasons, to immediately publish and introduce rules on investment services relating to the protection of the security of the financial system, in particular the protection of depositors, investors and insured persons.
(5) Paragraphs 1 to 4 shall not apply to technical regulations and technical documents which prohibit production, unless they prevent the free movement of goods, and to the technical regulations and technical documents referred to in Section 1 (3) (c).
Any technical regulation or technical document notified in accordance with European Union legislation (1) shall state that fact.
Representation in the Standing Committee
The representative of the Czech Republic in the Standing Committee (1), composed of representatives appointed by the Member States, is a natural person appointed by the Office from among its staff; the representative may use other experts or advisers in the performance of his duties.
INFORMATION PROVIDED UNDER INTERNATIONAL CONTRACTS
Paragraph 2 (1) (a) of the introducing provision and point 1 shall apply mutatis mutandis to the procedure of ministries, other central administrative offices, the Czech National Bank and the Office when providing information on technical regulations, technical documents and technical standards in relation to countries with which an international treaty is negotiated with which the Czech Republic is bound. 5)
EFFECTIVE
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister
and Minister of Industry and Trade:
Doc.
Annex to Decree No 339 / 2002 Coll.
Rules applicable to services not covered by this Regulation
This Regulation shall not apply to the rules on services:
1. which are not specifically targeted at information society services;
2. in the field of electronic communications pursuant to special legislation6),
3. in the field of securities under special legislation, 7)
4. related to activities subject to mutual recognition under specific legislation, 8)
5. related to insurance and reinsurance activities under special legislation, 9)
6. Issued
(a) regulated markets or for regulated markets under specific legislation, 7)
(b) other markets or authorities or for other markets or authorities which conduct clearing or clearing operations for regulated markets;
the obligation to send the final text of the proposal within the meaning of Article 2 (1) (f) for cases under this paragraph remains.
1) Directive 98 / 34 / EC of the European Parliament and of the Council of 25 October 2012 on the procedure for the provision of information in the field of technical standards and regulations and rules for information society services, as amended by Regulation (EU) No 1025 / 2012 of the European Parliament and of the Council of 25 October 2012.
1a) Act No. 40 / 2004 Coll., on Public Procurement.
2) § 7a of Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 22 / 1997 Coll. and Act No. 205 / 2002 Coll.
3) Section 6 of Act No. 102 / 2001 Coll., on General Product Safety.
4) Act No. 157 / 1998 Coll., on Chemicals and Chemicals and amending certain other laws, as amended.
5) Agreement establishing the World Trade Organisation (WTO), published under No 191 / 1995 Coll.
6) Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended.
7) Act No. 591 / 1992 Coll., on Securities, as amended. Act No. 15 / 1998 Coll., on the Securities Commission and amending and supplementing other laws, as amended.
8) Act No. 21 / 1992 Coll., on Banks, as amended.
9) Act No. 363 / 1999 Coll., on insurance and amending certain related laws, as amended.
10) Regulation (EU) No 1025 / 2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89 / 686 / EEC and 93 / 15 / EEC and Directives 94 / 9 / EC, 94 / 25 / EC, 95 / 16 / EC, 97 / 23 / EC, 98 / 34 / EC, 2004 / 22 / EC, 2007 / 23 / EC, 2009 / 23 / EC and 2009 / 105 / EC of the European Parliament and of the Council and repealing Council Decision 87 / 95 / EEC and Decision No 1673 / 2006 / EC of the European Parliament and of the Council.
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Regulation Information
| Citation | Government Decree No. 339 / 2002 Coll., on procedures for providing information in the field of technical regulations, technical documents and technical standards |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.2002 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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