Full text of Act No. 348 / 2004 Coll.
Full text of Act No. 102 / 2001 Coll., on General Product Safety and on the amendment of certain laws (Act on General Product Safety), as seen from subsequent amendments
Valid
Text versions:
07.06.2004
348
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 102 / 2001 Coll., on General Product Safety and on the amendment of certain laws (Act on General Product Safety), as follows from amendments made by Act No. 146 / 2002 Coll. and Act No. 277 / 2003 Coll.
THE LAW
on general product safety
Parliament has decided on this law of the Czech Republic:
GENERAL SECURITY OF PRODUCTS
Subject matter
(1) The purpose of this Act is to ensure, in accordance with the law of the European Communities, (1) that products placed on the market (2) or before circulation (3) are safe for consumers in terms of safety and health (4).
(2) This law shall apply to the assessment of the safety of a product or to the restriction of risks associated with the use of a product where the safety or risk limitation requirements do not provide for the relevant provisions of a specific legislation, (5) which take over the requirements laid down by European Community law.
Product
(1) The product for the purposes of this Act is any movable item which has been manufactured, extracted or otherwise acquired, regardless of the degree of processing thereof, and is intended to offer to the consumer, or it is reasonably foreseeable that it will be used by the consumer, including the item provided for in the service, even if it has not been intended to offer to the consumer, provided that the item is supplied in the course of business by way of consideration or free of charge, as new or used or modified.
(2) This law does not apply to used products sold as antiques or to products which must be repaired or modified before use and the seller has shown this to the buyer.
General safety requirements for the product
(1) A safe product is a product which, under normal or reasonably foreseeable conditions of use, does not present a hazard for the period specified by the manufacturer or for the period of normal applicability, or the use of which, in view of the safety and health of the consumer, represents only a minimum risk to the use of the product, while following in particular the risk to the safety and health of the consumer:
(a) the characteristics of the product, its durability, composition, packaging method, provision of instructions for its installation and entry into service, availability, content and clarity of the instructions, use method including definition of the use environment, method of identification, method of execution and labelling of warnings, maintenance and disposal instructions, clarity and scope of other information and information provided by the manufacturer; the data and information must always be in the Czech language,
(b) effect on another product, provided that it is used with another product;
(c) the method of demonstrating the product;
(d) risks to consumers who may be at risk when using the product, in particular children and persons with reduced mobility.
(2) A product complying with the requirements of a specific legislation shall be considered as a safe product, 5) which shall take over the law of the European Communities and laying down requirements on the safety of the product or on the limits of the risks associated with the product when it is used. However, where such legislation only provides for certain aspects of safety, other aspects shall be assessed in accordance with this law.
(3) In the absence of a specific legislation, (5) which transmits the law of the European Communities and which lays down requirements for the safety of a product or for the restriction of risks associated with the product when it is used and which are not regulated by European Community law, a product which is in conformity with the legislation of the Member State of the European Union on whose territory it is placed on the market shall be considered safe provided that this Regulation guarantees at least protection equivalent to that laid down in paragraph 1.
(4) Where the safety of a product is not determined in accordance with paragraph 2 or 3, a reference in the Official Journal of the European Communities under the law of the European Communities shall be assessed in accordance with the Czech technical standard, which shall take over the relevant European standard at which the Commission published the reference in the Official Journal of the European Communities under the law of the European Communities (6), and that reference shall be published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing. 7)
(5) Where product safety is not determined in accordance with paragraphs 2 to 4, the product safety shall be assessed in accordance with:
(a) Czech technical standards, 7a) which take over the relevant European standard other than that referred to in paragraph 4;
(b) national technical standards of the Member State of the European Union in which the product is placed on the market;
(c) a recommendation from the Commission setting out guidelines for the product safety assessment;
(d) the rules of good practice for product safety applied in the relevant field;
(e) the state of science and technology;
(f) a reasonable consumer's expectation of safety.
(6) The possibility of achieving a higher level of safety or the availability of other products representing a lower level of risk is not a reason to consider the product to be dangerous.
(7) Any product which does not comply with the requirements of this Act is a dangerous product.
Supporting documentation and product labelling
(1) The product placed on the market must be accompanied by documentation in accordance with the requirements of the specific legislation and marked.
(2) The accompanying documentation of the product is the documents required under specific legislation to take over and use the goods.
(3) For the purposes of this Act, product labelling is information enabling an assessment of the risks associated with its use or any information related to product safety. In addition, the product shall be provided with the information necessary to identify the manufacturer and the product or series of products, as appropriate, in accordance with specific legislation7b.
(4) Where a product meets the safety requirements by virtue of its characteristics, but a certain method of its use may endanger the safety of the consumer, the manufacturer or distributor who places such products on the market or put into circulation shall be obliged to indicate that danger in the accompanying documentation, unless that hazard is obvious. At the same time, these persons are required to identify precisely the parts of the product which may cause danger and describe the way in which they are used safely. This warning does not relieve the manufacturer or distributor of the obligation to ensure other safety requirements of the product.
Obligations of persons to ensure the safety of the product placed on the market and put into circulation
(1) For the purposes of this Act, the manufacturer shall be:
(a) a person established in the Czech Republic or in another Member State of the European Union who has produced the final product, as well as any other person acting as a manufacturer by indicating on the product his trade name, trade mark or other distinguishing mark, or by the person who modifies the product;
(b) an authorised representative of the manufacturer as the person who has been authorised in writing to act for him, unless the manufacturer is established in the Czech Republic or in another Member State of the European Union;
(c) importer, 7c) if no authorised representative of the manufacturer is established in the Czech Republic or in another Member State of the European Union; or
(d) other persons in the supply chain whose activity has a demonstrable impact on the characteristics of the product.
(2) For the purposes of this Act, the distributor is any person who carries out a subsequent post-marketing business in the supply chain as well as any other person in the supply chain, provided that their activity does not affect product safety characteristics.
(3) Only safe products should be placed on the market by the manufacturer.
(4) The distributor must not distribute such products placed on the market which, on the basis of his information and expertise, he or she may assume are not in conformity with product safety requirements.
(5) The manufacturer shall, where necessary to avoid existing risks, take samples of products placed on the market and carry out safety tests.
(6) The manufacturer shall be obliged to take measures to enable him to be informed of the safety of the product produced by him, even after being placed on the market and put into circulation. If the manufacturer or distributor finds that the product is dangerous, they shall draw the consumer's attention to this fact and withdraw the dangerous product from the market and recall, the measure aimed at preventing the distribution, offering or exposure of the dangerous product being considered as withdrawal.
(7) The manufacturer or distributor shall also be obliged to allow the person who owns or holds a dangerous product to return it to the manufacturer or distributor at their expense. If the manufacturer or distributor fails to comply with these obligations, the supervisory authority shall be entitled, if life, health or property is at risk, to order, in addition to the imposition of a fine, the destruction of the product on the expense of the non-compliance with the obligation to withdraw the product.
(8) Where the manufacturer or distributor has placed a dangerous product on the market or put into circulation, it shall notify the competent supervisory authority (Article 7 (1)) immediately after it has established that fact. Both the manufacturer and the distributor shall cooperate with the competent supervisory authorities on measures aimed at eliminating or limiting the risk arising from a dangerous product.
(9) In the event of a serious risk which is considered to be an immediate risk or a risk whose effects are not immediate but serious to the safety of the consumer and therefore require rapid intervention, the notification provided for in paragraph 8 shall include at least:
(a) data enabling the product or series of products to be accurately identified;
(b) a full description of the risk posed by the products in question;
(c) any available information relevant to the tracking of the product;
(d) a description of the measures taken to prevent risks to consumers.
(10) The distributor must participate in activities related to ensuring the safety of products placed on the market, in particular by providing information on the risks associated with the product. It shall maintain and provide the written information necessary to trace the origin of the product and cooperate in actions carried out by manufacturers, supervisory authorities and bodies carrying out the measures provided for in Article 6 of this Act. In the framework of its activities, it must take measures to enable them to cooperate effectively.
Measures taken by public authorities
The authorities of the State and the authorities of the Territorial Authority in delegated responsibility shall, within the limits of their competence, take all measures necessary to prevent or prevent the import, export and marketing of products which are dangerous. Products on the market which are dangerous are obliged to inform the consumer public by all means available, for example through mass media. Such cases shall not be subject to a confidentiality obligation imposed under specific legislation. 8)
Supervision
(1) Supervision of the placing on the market and putting into circulation of safe products (Sections 3 (1) to (6)) shall be carried out by the supervisory authorities, as appropriate, resulting from the nature of the particular product, established by specific legislation. where the supervisory authority cannot be so established, the Czech Trade Inspection Authority (hereinafter referred to as the "supervisory authorities') shall be responsible for carrying out supervision.
(2) The supervisory authorities are authorised to carry out safety checks on product characteristics. To that end, they shall be entitled to:
(a) require the necessary information and documentation necessary for the safety assessment and for tracing the origin of the product from the persons checked;
(b) take the product or sample from a series of products and subject it to a safety test;
(c) to check that the actual characteristics of the product meet the safety requirements;
(d) to assess whether the product to be placed on the market contains a risk warning which may trigger the use of the product;
(e) inform, in a timely and appropriate manner, persons who may be exposed to the risk posed by the product of that risk;
(f) prohibit the placing on the market, offering or display of a product or a series of products, for as long as there is reasonable information that such a product is dangerous, for the duration of the check;
(g) prohibit the placing on the market of a product or a series of products which have been shown to be dangerous;
(h) order the immediate withdrawal of a product or series of products which are dangerous and have already been placed on the market; where necessary, ensure that they are destroyed when the conditions laid down are met;
(i) order the re-take-over of a dangerous product from the consumer, unless the manufacturer or distributor does so in accordance with the first sentence of Article 5 (7).
(3) The procedure referred to in paragraph 2 may, depending on the nature of the case, be applied against the manufacturer, distributor and, where necessary, against all other persons concerned.
(4) In the procedure referred to in points (f) to (i) of paragraph 2, objections or appeals shall not have suspensory effect.
(5) The supervisory authorities shall be entitled to take measures to restrict the placing on the market and the putting into circulation of the product or to order its withdrawal from the market and recall or take-back even if there is evidence that, despite compliance with the safety requirements set out in Section 3, the product is dangerous.
Fines
(1) The supervisory authority shall impose a fine of up to CZK 20 000 000 to the person who:
(a) placing on the market a product which is dangerous; or
(b) fails to fulfil the obligations set out in Articles 4 (1), 4 (3) and 5 (4) to (10) of this Law.
(2) The imposition of a fine shall take account of the gravity, manner, duration and consequences of the infringement.
(3) Procedure for imposing a fine may be initiated within 1 year of the date on which the authority competent to impose the fine became aware of the infringement, but no later than 2 years after the date on which the infringement occurred. The fine may not be imposed if three years have elapsed since the infringement.
(4) The imposition, maturity, collection and recovery of fines are governed by specific legislation. 9)
(5) The fines imposed under this Act are the income of the state budget of the Czech Republic.
Notification obligation
(1) The supervisory authorities are required to notify the presence of a dangerous non-food product to the Ministry of Industry and Trade (hereinafter referred to as the Ministry). The Ministry is responsible for ensuring a system for the rapid exchange of information by the European Communities (RAPEX) in situations of serious and immediate risk to the safety and health of consumers resulting from non-food products ("non-food products').
(2) If the risk arising from a dangerous non-food product may exceed the territory of the Czech Republic, the Ministry shall immediately inform the Commission of the presence of such product.
(3) If the Ministry receives from the Commission a decision on the presence of a dangerous non-food product outside the territory of the Czech Republic, but within the European Union, it shall notify it without undue delay to the competent supervisory authority which shall prohibit the placing on the market or putting into circulation or order the withdrawal of such product from the market or circulation within 20 calendar days, unless a different period is provided for in the Commission Decision.
(4) In order to ensure the operation of the rapid exchange of information system referred to in paragraph 1, the Government shall, by its regulation, establish the procedures, content and form for information on the presence of non-food products which are dangerous.
(5) The provisions of paragraphs 1 to 4 shall not apply to medicinal products and to the notification of adverse events of medical devices under specific regulations. 9b)
(6) The staff of the competent ministries and supervisory authorities shall be required to maintain confidentiality regarding information obtained within their competence in the field of general product safety, except for information which must be published in the interests of consumer health and safety and to ensure effective market control and the activities of the supervisory authorities.
Protection of the market against dangerous or insufficiently labelled products imported from countries not members of the European Communities
Specific safety requirements for imported products
Imported products, in particular toys, (10) medication11) and foodstuffs, (12) must be accompanied by a document relating to the product and the labelling provided for in the legislation.
Tasks and authorisations of customs and supervisory authorities
(1) The customs authorities shall check for products put up for free circulation, 13)
(a) whether a product or a series of products has characteristics that give rise to a suspicion of a serious and immediate threat to health and safety when using it under normal and foreseeable conditions; or
(b) whether the product is accompanied by documentation and labelled in accordance with the legislation.
(2) Where it is established that a product or a series of products shows deficiencies in accordance with paragraph 1 (a) or (b), the customs authority shall suspend the procedure for release for free circulation and request without delay the competent supervisory authority for a binding opinion as to whether the product or series of products complies with the requirements of paragraph 1 (a) or (b) and shall be designated within the meaning of Article 4. No appeal shall be granted against the decision to stay.
(3) Where the supervisory authority finds that the product complies with the safety requirements of this Act, it shall issue a binding opinion to the customs authority. Where, within 3 working days of the interruption of the procedure for release of the product, the customs authority has not been informed of any measure, including preventive measures, taken by the supervisory authority, the product shall be deemed to be safe.
(4) Where the surveillance authority finds the product to be dangerous, it shall issue a binding opinion without delay to the customs authority. The customs authority shall decide not to release the goods for free circulation and shall attach to the accompanying documentation a clause containing the following text: "Dangerous product - Release for free circulation not permitted - Regulation (EEC) No 339 / 93 '.
(5) Where the supervisory authority finds that the product does not meet the requirements referred to in paragraph 1 (b), it shall issue a binding opinion to the customs authority. The customs authority shall attach to the accompanying documentation a clause containing the following text: "The product is not in conformity - release for free circulation is not permitted - Regulation (EEC) No 339 / 93 '.
(6) In the case of a perishable product, the supervisory and customs authorities shall ensure that the conditions for its storage correspond to the nature of the product and minimise any damage.
(7) The customs authorities will not release a dangerous product for the export or outward processing procedure 13a) the export of which is prohibited by Commission Decision.
(8) Where the customs authorities, in the context of their control activities under specific legislation13b) have identified products which they have suspected to be dangerous under paragraph 1 (a) or which have not been accompanied by the documentation referred to in paragraph 1 (b) and it is established that they are not under customs control, they shall be entitled to provide the products on the basis of such findings. The findings and the products secured shall be forwarded to the competent supervisory authority for further measures.
Information obligation
(1) The Ministry shall inform the Commission of which authorities are designated as responsible for carrying out market surveillance.
(2) The Ministry of Finance, as a central body of the State Administration for Fees and (14) informs the Commission of:
(a) details of the labelling and accompanying documentation of the products to be checked; and
(b) the identification of specialised points of customs clearance for the control of certain goods where such a procedure is necessary.
EFFECTIVE
This Act shall enter into force on 1 July 2001, with the exception of Sections 9 to 12, which shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
* * *
Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, became effective on 1 January 2003.
Act No. 277 / 2003 Coll., amending Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety), as amended by Act No. 146 / 2002 Coll., Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended, and Act No. 634 / 1992 Coll., on consumer protection, as amended, became effective on the date of entry into force of the Treaty on the accession of the Czech Republic to the European Union (1 May 2004).
Prime Minister:
PhDr. Špidla v. r.
(1) Directive 2001 / 95 / EC of the European Parliament and of the Council on general product safety and Council Regulation No 339 / 93 / EEC on conformity checks with product safety rules for products imported from third countries.
2) Article 2 (b) of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended.
3) § 2 (o) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, as amended.
4) Paragraph 52 (3) of the Civil Code.
(c) Directive 2001 / 96 / EC of the European Parliament and of the Council of 13 July 2002 on the laws, regulations and administrative provisions of the Community and of the Member States concerning the laws, regulations and administrative provisions of the Community and the laws of the Member States concerning the laws of the Member States relating to personal protective equipment (OJ 1999 L 201, p.
6) Article 4 of Directive 2001 / 95 / EC of the European Parliament and of the Council.
7) Paragraph 4a (4) of Act No. 22 / 1997 Coll., as amended.
7a) Act No. 22 / 1997 Coll., as amended.
7b) For example the Commercial Code, Act No. 123 / 2000 Coll., Decree No. 181 / 2001 Coll., as amended by Decree No. 336 / 2001 Coll., Decree No. 191 / 2001 Coll., as amended by Decree No. 337 / 2001 Coll., and Decree No. 286 / 2001 Coll.
7c) § 2 (e) of Act No. 22 / 1997 Coll., as amended.
8) Act No. 552 / 1991 Coll., on State Control, as amended.
9) For example, Sections 9 and 12 of Act No. 64 / 1986 Coll., on the Czech Trade Inspection, as amended, Section 10 of Act No. 63 / 1986 Coll., on the Czech Agricultural and Food Inspection, as amended, Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended, Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
9a) Article 2 of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 306 / 2000 Coll.
9b) Act No. 123 / 2000 Coll.
10) Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. Decree No. 171 / 1997 Coll., as amended by Decree No. 292 / 2000 Coll.
11) Act No. 79 / 1997 Coll., as amended.
12) Act No. 110 / 1997 Coll., as amended.
13) § 128 - 132 of Act No. 13 / 1993 Coll., Customs Act, as amended.
13a) § 197 to 216e of Act No. 13 / 1993 Coll., Customs Act, as amended.
13b) For example Article 23 (7) of Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 145 / 2000 Coll., Act No. 191 / 1999 Coll., on Measures concerning Import, Export and Re-Export of Goods Infringement of Certain Intellectual Property Rights and on the Amendment of Certain Other Acts, as amended.
14) Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies, as amended.
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Regulation Information
| Citation | Full version of Act No. 348 / 2004 Coll., Act No. 102 / 2001 Coll., on General Product Safety and on the Amendment of Certain Acts (Act on General Product Safety), as seen from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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