Government Decree No. 342 / 2003 Coll.
Government Regulation amending Government Regulation No. 9 / 2002 Coll., laying down technical requirements for products with regard to noise emissions
Valid
Regulation
Effective from 01.05.2004
Text versions:
01.05.2004
15.10.2003
342
GOVERNMENT REGULATION
of 3 September 2003
amending Government Regulation No 9 / 2002 Coll., laying down technical requirements for products with regard to noise emissions
The Government orders the implementation 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., Act No. 102 / 2001 Coll. and Act No. 205 / 2002 Coll.:
Government Regulation No 9 / 2002 Coll., laying down technical requirements for products with regard to noise emissions, is amended as follows:
1. in Paragraph 1 (1) (a), the words "used outdoors" shall be inserted after the words "equipment."
2. in Article 1 (1) (b), the words "used outdoors" shall be inserted after the words "equipment."
3. Paragraph 1 (2), including footnote 2, reads:
"(2) Any device used in the outdoor space shall be considered to be any one of its own power-moving or transport capable of machinery according to a specific legislation, (2) as well as machinery according to a special legislature2) without a propulsion device used for industrial purposes or for the protection of nature, which, irrespective of the driving part or parts of the vehicle, is intended to be used in the outdoor space and which loads such space by noise when placed on the market as a whole and is suitable for use by the manufacturer. For outdoor use, use shall also be considered under conditions in which sound transmission is not or is hardly restricted (e.g. tents, rain shelters, or in buildings not available).
2) Paragraph 1 (2) of Decree No. 24 / 2003 Coll., laying down technical requirements for machinery. '
4. In Article 1, paragraphs 3, 5 and 7 are deleted. Paragraphs 4 and 6 shall become paragraphs 3 and 4.
5. Paragraph 1 (4) reads as follows:
"(4) The activities of the manufacturer, if further provided for in this Regulation, may be provided by an authorised representative [Paragraph 2 (f) of the Act]. '.
6. In Paragraph 2 (3), the words "on installed power less than 350 kW 'are deleted and the words" 10% atmospheric pressure' are replaced by the words "110 kPa '.
7. in Article 2 (6) to (10), (12) and (16), the words "of installed power less than 500 kW" shall be deleted;
8. In the second sentence of Article 2 (13), the part of the sentence after the semicolon, including the semicolon, is deleted.
9. In Paragraph 2 (18), the words "of installed power less than 3 kW 'are deleted.
10. in Paragraph 2 (26), the word "single-disc" is replaced by the word "disc."
11. in Paragraph 2 (58), the words "a microwave" are replaced by the words "refrigerator, freezer and electric or microwave oven."
12.
Equipment are specified products pursuant to § 12 (1) (a) of the Act. '
13.
Equipment may only be placed on the market or put into service if it meets the following technical requirements:
(a) are visibly, legibly and permanently marked with an indication of the guaranteed sound power level corresponding to the model set out in Annex 10 to this Regulation;
(b) the guaranteed sound power level of the equipment listed in Annex 1 to this Regulation does not exceed the maximum permissible noise emission values set out in Annex 4 to this Regulation. "
14. in Article 5 (1), in the introductory part of the provision, the words "or importer" shall be replaced by the words "or, where appropriate, an authorised representative."
15. in Article 5 (1) (b), the words "verification of the whole" are replaced by the words "verification of the individual installation."
16. in Article 5 (2), the words "or importer" shall be replaced by the words "authorised representative" and the words "quality" shall be deleted;
17. in Article 5, paragraph 4 is deleted;
18.
(1) The certificates of conformity referred to in Article 13 (7) of the Act include technical documentation to the extent set out in Annexes 5 to 8 to this Regulation, copies of certificates issued when assessing conformity by an authorised person in accordance with Annex 6 to this Regulation and the documentation, results and reports referred to in Annex 7 (5).
(2) The manufacturer or, where appropriate, the authorised representative shall keep the evidence of conformity assessment for the period laid down in Annexes 5 to 8 to this Regulation and shall provide it to the supervisory authority on request. "
19. in Article 7, the word "activity" shall be inserted after the word "implementation."
20.
(1) A device complying with the technical requirements laid down in this Regulation shall be affixed by the manufacturer or, where appropriate, by an authorised representative to the visible, legible and durable CE marking in accordance with the specific legislation10) and shall issue an EC declaration of conformity containing the particulars set out in Annex 11 to this Regulation. Issue of the EC declaration of conformity is a condition for the affixing of the CE marking.
(2) A copy of the EC declaration of conformity shall be kept by the manufacturer and, where appropriate, by the authorised representative for a period of 10 years from the end of the production of the equipment and shall be provided for surveillance purposes upon request.
(3) The manufacturer or, where appropriate, the authorised representative shall send a copy of the EC declaration of conformity to each type of equipment of the Technical Standardisation, Metrology and State Testing Office and to the European Commission.
10) Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking. '
21.
Equipment may be placed on the market or put into service only if:
(a) if it complies with the technical requirements set out in Section 4;
(b) if the CE marking is visible, legible and durable in accordance with a specific legislation, 10); and
(c) it has been accompanied by an EC declaration of conformity, where appropriate by the manufacturer or authorised representative, containing the particulars set out in Annex 11 to this Regulation. ";
22. In Paragraph 10 (1), "any 'is replaced by" i' and "11 'is replaced by" 10'.
23. in Annex 1 (c), (f), (g), (h), (i), (l), (m), (p) and (s):
"(c) compressors having an installed power of less than 350 kW;
(f) dozers of installed power of less than 500 kW;
(g) dampers of an installed power of less than 500 kW;
(h) hydraulic strippers and cable shovel strippers with an installed power of less than 500 kW;
(i) loaders with installed power of less than 500 kW;
(l) waste compactors with a loading facility of less than 500 kW installed power;
(m) lawnmowers (mowers), excluding agricultural and forestry equipment, and multipurpose equipment, the main part of which has a self-propelled power output of more than 20 kW;
(p) loaders of installed power of less than 500 kW;
(s) motor cultivators of an installed power of less than 3 kW; ';
24. in Annex 2 (e), the word "single-reel" is replaced by the word "disc."
25. In Annex 3, the introductory part of the text reads: "The manufacturer or, where applicable, the authorised representative shall determine the sound power level of the equipment by a procedure laid down by one of the basic standards for the measurement of the emitted noise and general additions to the basic standards under the operating conditions laid down in Part B of this Annex. The basic standards for measuring the noise emitted and the general amendments to the basic standards shall be laid down in Part A of this Annex. In the event that the procedure according to the basic standards set out in Part A of this Annex would result in different results, or in the case of persistent ambiguities, the manufacturer or, where applicable, the authorised representative shall always use the recommended basic standard for the relevant equipment set out in Part B of this Annex under the operating conditions set out in Part B of this Annex. The sound power level Lwa is the frequency weighted sound power level of the weighting function A, relative to the reference acoustic power of 1 pW and defined in ČSN EN ISO 3744 and CSN ISO 3746.
The sound power level of an installation may be determined on the basis of the values measured for an individual installation or on the basis of the average of the values measured for a certain number of installations of this type. The determined sound power level of the equipment is used to determine the guaranteed sound power level of the equipment (§ 2 (59)). '
26. In Annex 3, Part B, point 6, the word "single-disc 'is replaced by the word" disc'.
27. In Annex 5, points 1 and 2 are replaced by the following:
"1. This Annex lays down the procedure whereby the manufacturer and, where appropriate, the authorised representative ensure and declare that the equipment complies with the requirements of this Regulation. The manufacturer or, where applicable, the authorised representative shall draw up, for each EC device, an EC declaration of conformity in accordance with Section 8 and identify the device in accordance with Sections 4 (a) and 8.
2. The manufacturer or, where appropriate, the authorised representative shall draw up and keep the technical documentation for a period of 10 years from the end of the production of the equipment and shall provide it for supervision on request. The manufacturer or, where appropriate, the authorised representative may delegate the maintenance of the technical documentation to another person. ';
28. In Annex 5, point 3, the words "registered, address of residence or place of business in a Member State of the European Union (Article 1 (6)) 'are deleted, the words" related to the identification of equipment' are replaced by the words "essential for the identification of equipment ', the words" including, where appropriate, the schematic sketch and any description or explanation required for its understanding', the words "and the evaluation of the uncertainties relating to the guaranteed level of sound power which are due to variations in production 'are replaced by the words" and the results of the evaluation of uncertainties caused by variations in production and their effect on the guaranteed level of acoustic performance'.
29. In Annex 5, point 5 reads:
"5. Evaluation by authorised persons before placing equipment on the market
Before placing the first supply of equipment on the market, the manufacturer or, where appropriate, the authorised representative shall submit a copy of the technical documentation to an authorised person of his choice.
If there are doubts as to the accuracy of the technical file, the authorised person shall inform the manufacturer or, where appropriate, the authorised representative and, if necessary, make or have the technical documentation modified and, where necessary, the necessary tests.
As soon as the authorised person has issued a report confirming that the technical documentation complies with the requirements of this Regulation, the manufacturer or, where appropriate, the authorised representative may affix the CE marking to the device and issue an EC declaration of conformity. The manufacturer shall be responsible for the conformity of the equipment with the requirements of this Regulation. ';
30. In Annex 5, point 6.1, "§ 8 or 10 'is replaced by" § 4 (a) and § 8' and "the issue of a declaration of conformity pursuant to § 8 or 9 'is replaced by" the issue of an EC declaration of conformity pursuant to § 8'.
31. In Annex 5, point 6.2, "§ 8 or 10 'is replaced by" § 4 (a) and § 8' and "the issue of a declaration of conformity pursuant to § 8 or 9 'is replaced by" the issue of an EC declaration of conformity pursuant to § 8'.
32. The heading of Annex 6 reads: "VERIFICATION OF THE INDIVIDUAL EQUIPMENT."
33. In Annex 6, point 1:
"1. This Annex lays down the procedure whereby the manufacturer and, where appropriate, the authorised representative ensure and declare that the equipment for which the certificate of conformity referred to in point 4 has been issued complies with the requirements of this Regulation. The manufacturer or, where applicable, the authorised representative shall draw up, for each EC device, an EC declaration of conformity in accordance with Section 8 and identify the device in accordance with Sections 4 (a) and 8. ';
34. In Annex 6, point 2, first sentence, the word "whole 'is replaced by the words" individual establishment' and the words "or importer 'are deleted.
35. In the second sentence of point 2 of Annex No 6, the word "whole 'is replaced by" individual establishment', the words "registered, address of residence or place of business in a Member State of the European Union (Section 1 (6)) ', the words" relating to the identification of the installation' are replaced by the words "essential for identification of the installation 'and, where appropriate, the words" including, where appropriate, a schematic sketch and any description or explanation required for understanding it' are replaced by the words "including a schematic sketch, description or explanation, if necessary for their understanding '.
36. Point 5 of Annex 6 reads as follows:
"5. The manufacturer and, where appropriate, the authorised representative shall keep the technical documentation together with a copy of the certificate for a period of 10 years following the placing on the market of the equipment and shall provide it to the supervisory authority on request. ';
37. In Annex 7, point 1:
"1. This Annex establishes the procedure by which the manufacturer ensures and declares that the equipment complies with the requirements of this Regulation. The manufacturer or, where applicable, the authorised representative shall draw up, for each EC device, an EC declaration of conformity in accordance with Section 8 and identify the device in accordance with Sections 4 (a) and 8. ';
38. Point 3.1 of Annex 7 reads as follows:
"3.1. The manufacturer shall submit an application for an assessment of his quality assurance system to an authorised person of his choice.
The application for assessment of the quality assurance system shall include:
- all necessary information on the category of equipment under consideration, including technical documentation for all equipment prepared for manufacture or manufactured, containing at least the following information:
- the business name and address of the manufacturer or authorised representative,
- a description of the equipment,
- factory brand,
- trade name,
- type, series and serial number,
- technical data relevant to the identification of the installation and the assessment of its noise emissions, including a schematic diagram, description or explanation, if necessary for their understanding,
- a reference to this Regulation,
- a technical report on noise measurements carried out in accordance with Annex 3 to this Regulation,
- the technical aids used and the results of the evaluation of uncertainties caused by variations in production and their impact on the guaranteed sound power level,
- documentation relating to the quality assurance system. ';
39. In the first sentence of point 3.2 of Annex 7, the word "security 'shall be inserted after the word" system' and the words "legislation applicable to them 'shall be replaced by" this Regulation'.
40. In Annex 7, point 3.2, the third sentence is replaced by the following: "Documentation of the quality assurance system shall be carried out in such a way as to ensure a clear interpretation and understanding of the principles and procedures of the system, including all programmes, plans, manuals and reports. '
41. In the first sentence of point 3.3 of Annex 7, the words "quality management 'are replaced by the words" quality control' and the words "systematic procedures and activities used 'are replaced by the words" procedures used and systematic measures'.
42. In Annex 7, point 3.3, the second and third sentences are replaced by the sentences "The Authorised Person shall assess whether the quality assurance system complies with the requirements of point 3.2. For quality assurance systems which introduce CSN EN ISO 9001, compliance with these requirements is assumed. '
43. In Annex 7, point 3.3, the sentences sixth and seventh are replaced by the sentences "The result of the assessment of the quality assurance system shall contain the conclusions of the checks and appropriate justification. The result of the assessment shall be notified by the authorised person to the manufacturer. ';
44. In Annex 7, point 3.4, first sentence, the word "security 'shall be inserted after the word" system'.
45. In the second sentence of point 3.4 of Annex 7, the word "security 'shall be inserted after the word" system' and the words "quality system 'shall be replaced by" system'.
46. In Annex 7, point 3.4, the third to fifth sentences are replaced by the following: "The Authorised Person shall assess the proposed changes in terms of whether the quality assurance system will still comply with the requirements of point 3.2 after the change or whether a completely new assessment of the quality assurance system needs to be carried out. The outcome of the assessment of the proposed amendments shall contain the conclusions of the checks and appropriate justification. The result of the assessment shall be notified by the authorised person to the manufacturer. ';
47. In Annex 7, point 4.1, the word "security 'shall be inserted after the word" system'.
48. In Annex 7, point 4.3, the word "security 'shall be inserted after the word" system'.
49. In Annex 7, points 5 and 6 read:
"5. The manufacturer and, where applicable, the authorised representative shall keep the equipment for at least 10 years after the end of the production and provide, on request, for surveillance purposes.
- documentation concerning the quality assurance system,
- the results of the quality assurance system assessment referred to in point 3.3 and the results of the assessment of the proposed amendments referred to in point 3.4,
- the audit and inspection reports referred to in points 4.3 and 4.4 and test reports referred to in point 4.4.
6. Each authorised person shall be obliged to provide other authorised persons with information concerning the results of the quality assurance system assessment and, where appropriate, its changes. ';
50. The heading of Annex No 8 reads: "INTERNAL CONTROL OF PRODUCTION."
51. In Annex 8, points 1 and 2 read:
"1. This Annex lays down the procedure under which the manufacturer and, where appropriate, the authorised representative shall ensure and declare that the equipment complies with the requirements of this Regulation. The manufacturer or, where applicable, the authorised representative shall draw up, for each EC device, an EC declaration of conformity in accordance with Section 8 and identify the device in accordance with Sections 4 (a) and 8.
2. The manufacturer or, where appropriate, the authorised representative shall draw up and keep the technical documentation for a period of 10 years from the end of the production of the equipment and shall provide it for supervision on request. The manufacturer or, where appropriate, the authorised representative may delegate the maintenance of the technical documentation to another person. ';
52. In Annex 8, point 3, the words "with the registered office, address of permanent residence or place of business in a Member State of the European Union (§ 1 (6)) 'are deleted, the words" relating to the designation of equipment' are replaced by the words "essential for the identification of equipment ', the words" including, where appropriate, the schematic sketch and any explanation required for the identification of the equipment', the words "including, where appropriate, the schematic sketch and any description or explanation required for its understanding 'are replaced by the words" including the schematic sketch, description or explanation, if necessary for their understanding' and the evaluation of the uncertainties relating to the guaranteed level of acoustic performance '.
53. In Annex 8, point 4, the words "or importer 'are deleted.
54. Annex 10 shall be deleted and Annexes 11 and 12 shall be renumbered Annexes 10 and 11 respectively.
55. In Annex 10, the words "must be composed 'are replaced by the words" must be composed'.
56. In Annex 11, the introductory part of the text reads: "The EC declaration of conformity shall contain the following information: '.
57. in Annex 11, points (a), (b) and (k) read:
"(a) the identification of the manufacturer or, where appropriate, the authorised representative (name and surname, business name, address of the place of residence or place of business, and the identification number, if any, if it is a natural person, or the name or business name, seat and identification number, if it is a legal person);
(b) the identification of the person who keeps the technical documentation (name and surname, business name, address of place of residence or place of business, and the identification number, if any, if it is a natural person, or name or business name, registered office and identification number, if it is a legal person);
(k) the name, surname and function of the person authorised on behalf of the manufacturer or authorised representative to sign the EC declaration of conformity and its signature. ';
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:
PhDr. Špidla v. r.
Minister of Environment:
RNDr. Ambrozek v. r.
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Regulation Information
| Citation | Government Regulation No 342 / 2003 Coll., amending Government Regulation No 9 / 2002 Coll., laying down technical requirements for products with regard to noise emissions |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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