Act No. 34 / 2011 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended
Valid
Effective from 20.07.2011
34
THE LAW
of 26 January 2011
amending Act No 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended
Parliament has decided on this law of the Czech Republic:
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., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 186 / 2006 Coll., Act No. 229 / 2006 Coll., Act No. 481 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 490 / 2009 Coll., and Act No. 155 / 2010 Coll., is amended as follows:
1. In Article 2 (b), the words "the moment when a product on the European Community market is first submitted or offered free of charge for distribution or use or first transferred to it 'are replaced by the words" the first making available on the market of a product in the course of a commercial activity which means the transfer or offering for the transfer of a product or the transfer of a right of ownership to a product for distribution, use or consumption on the European Union market'.
2. In Article 2, at the end of the text of point (d), the words "or, where appropriate, a trade mark shall be added; the manufacturer shall also be considered to be a person who, for a product or a group of products, makes adjustments to the product already placed on the market in such a way as to affect its compliance with the relevant technical requirements. ';
3. in Article 2 (e), the words "he who" shall be replaced by the words "a person established in a Member State of the European Union who" and the words "or the placing on the market of such a product" shall be deleted;
4. In Article 2 (g), the words "the making available on the market of a product shall be deleted '.
5. In Article 2, the dot at the end of point (i) is replaced by a comma and the following point (j) is added:
"(j) the operator of the manufacturer, importer, distributor and authorised representative.";
6. in Article 7 (7) (b), the word "suspension" shall be inserted after the word "amendments."
7. In Article 11 (1), the third sentence is replaced by the following: "In the case of an application for authorisation for conformity assessment of products laid down by the Government Regulation, the application shall include a description of the procedures and other conformity assessment activities. The Office shall ensure compliance with the uniform procedure of authorised persons in their activities. ';
8. In the first sentence of Article 11 (4), the words "and the conditions set out in the authorisation decision 'are deleted.
9. Paragraph 11 (5) reads as follows:
"(5) If the authorised person fails to fulfil the obligations laid down in or on the basis of this Act, if the facts on the basis of which the authorisation decision was issued change, if the need for the existence of the authorised person ceases or if the authorised person so requests, the Office shall decide on:
(a) suspension of the authorisation decision;
(b) a change to the authorisation decision; or
(c) the revocation of authorisation decisions. ';
10. In Article 11, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) In the decision suspending the authorisation decision referred to in paragraph 5 (a), the Authority shall set a time limit for redress. If the authorised person makes a correction, he shall communicate that fact without undue delay to the Office. If the Office finds that the remedy is sufficient, it shall revoke the decision suspending the authorisation decision. If the authorised person fails to remedy it within the prescribed period, the Authority shall decide to amend or revoke the authorisation decision.
(7) In the event of revocation of an authorisation decision, the authorised person shall, after having acquired the legal power of that decision, transmit to the Office all documents relating to conformity assessment carried out by that person. In the event of a change or suspension of the validity of the authorisation decision, the authorised person shall, after having acquired the legal power of such decision, transmit the documents referred to in the first sentence of the Office, if the Office so requests. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 8 to 10.
11. Paragraph 11 (9) reads:
"(9) Authorised persons shall become notified persons pursuant to Article 7 (7) (b) or, in the cases provided for by a government regulation, by the expiry of a specified period of notice, provided that the European Commission or other Member States of the European Union have not objected to such notification within that period, and may operate the notified person from the date of receipt of the notification to the Office that they have been notified. ';
12. in Article 11a (2) (c):
"(c) in the cases and to the extent laid down by the Government Regulation
1. issue a certificate or other document where it has been established by carrying out the relevant conformity assessment procedure that the product complies with the technical requirements laid down in the relevant Government Regulation pursuant to Article 12 (1) (b); the validity of this certificate or other document may be restricted or suspended by authorised persons;
2. Call on the manufacturer to take appropriate corrective measures if the authorised person, in the course of the conformity assessment or subsequently finds that the products do not comply with the technical requirements laid down in the relevant Government Regulation pursuant to Article 12 (1) (b);
3. provide copies of certificates or other documents, including related documents and information on the issue, refusal, amendment or revocation of certificates or other documents of the Office, to the competent supervisory authority, notified or other persons whose activities relate to those documents;
4. inform the Authority of any requests made by the supervisory authorities concerning conformity assessment activities;
5. inform the Authority on request of the conformity assessment activities carried out by them and of any other activities carried out, including cross-border activities and subcontracting. ';
13. in Article 11a, the following paragraph 4 is added:
"(4) Where an authorised person receives a complaint pursuant to Article 18 (3), he shall be required to review the certificate or other document issued pursuant to Article 11a (2) (c) (1) and report to the supervisory authority on the outcome of the review. ';
14. in Paragraph 13 (1):
"(1) A specified product may be placed on the market or, in the case of products laid down by a government regulation, put into service only if it complies with the technical requirements laid down in Article 12 (1) (b), after conformity assessment in accordance with the procedure laid down in Article 12 (3) and if the conditions laid down in paragraph 2 are met. Where an importer considers or has reason to believe, before placing a specified product on the market, that the product does not comply with the technical requirements laid down in Article 12 (1) (b) and in addition endangers health, he shall inform the competent supervisory authority and the manufacturer of the products laid down in the Regulation. ';
15. in Article 13 (2), the words "other markings" shall be inserted after the words "marking."
16. In Paragraph 13 (8), the word "stated 'is replaced by" delivered'.
17. Paragraph 13 (9) reads:
"(9) The distributor is obliged to act in such a way as to prevent the distribution of specified products which clearly do not comply with the requirements of the law, in particular products which do not bear the specified markings and other markings. For products provided for by a government regulation, a distributor may not make available on the market a specified product for which it considers or has reason to believe that it does not meet the technical requirements laid down in Article 12 (1) (b). In addition, where a specified product threatens health, the distributor shall inform the competent supervisory authority, the manufacturer and the importer thereof. ';
18. In Paragraph 13, the following paragraphs 10 to 13 are inserted after paragraph 9:
"(10) The manufacturer or importer shall take measures to protect the health and safety of persons for the products provided for in the Regulation and taking into account their nature and the risks posed by them.
(11) A manufacturer, importer or distributor who considers or has reason to believe that a specified product which has been placed or made available on the market does not comply with the requirements of this Act or the Government Decree for its implementation is obliged to take the necessary measures to bring the product into conformity with those requirements, to withdraw the product from the market or to recover the specified product which has already been made available to the user for the products laid down by the Government Regulation; in addition, where a specified product threatens health, the manufacturer, importer or distributor shall immediately inform the competent supervisory authority.
(12) The manufacturer, importer, distributor or authorised representative shall keep for the products provided for in the Regulation the information necessary for the identification of all economic operators who have transmitted the specified product to him and to whom he has transmitted the specified product.
(13) The importer or distributor shall ensure, for the products laid down in the Regulation, that the conditions of storage and transport do not jeopardise the conformity of the specified product which he intends to place or market with the requirements of this Law. ';
Paragraph 10 shall become paragraph 14.
19. In Article 18, the following paragraph 3 is added:
"(3) The supervisory authorities may, if they have reasonable doubts that the specified product does not comply with the technical requirements laid down in the relevant government regulation pursuant to Article 12 (1) (b), initiate the authorised person to review the certificate issued under Article 11a (2) (c) (1). Where it is established that a specified product does not meet the requirements of the first sentence, the supervisory authorities may require the authorised person to withdraw the relevant certificate. ';
20. in Article 18a (1), the words "putting into service" shall be inserted after the words "placing on the market."
21. in Article 18a (3), the words "putting into service" shall be inserted after the words "placing on the market."
22. in § 19a (2), the words "§ 11 (7) or" shall be inserted after the word "under."
23. in Paragraph 19a (3) (c), "Paragraph 18a (2), (4) or (5)" is replaced by "Paragraph 18a (1), (3) or (4)."
24. In Article 19a, the following paragraph 4 is inserted after paragraph 3:
"(4) A natural person who is a legal or legal person commits an administrative offence by:
(a) the importer fails to fulfil the obligation under Paragraph 13 (1) second sentence;
(b) the distributor fails to fulfil any of the obligations under Paragraph 13 (9);
(c) the manufacturer or importer fails to fulfil any of the obligations under Paragraph 13 (10);
(d) the manufacturer, importer or distributor fails to fulfil any of the obligations under Article 13 (11);
(e) the manufacturer, importer, distributor or authorised representative fails to comply with the obligation under Article 13 (12); or
(f) the importer or distributor fails to fulfil the obligation under Article 13 (13). "
Paragraph 4 shall become paragraph 5.
25. in Article 19a (5), at the end of (c), the dot is replaced by a comma and the following point (d) is added:
"(d) 500 000 CZK if it is an administrative offence under paragraph 4."
26. in Paragraph 19b (4), the words "and 4" shall be inserted after the words "Paragraph 19a (3)."
27. in § 22, the words "§ 11 (1) and (2)" shall be replaced by the words "§ 11 (1), (2) and (9)" and the words "and 13" shall be replaced by "§ 13 and § 18 (3)."
This Law shall enter into force on 20 July 2011.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 34 / 2011 Coll., amending Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.2011 |
|---|---|
| Effective from | 20.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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