Act No. 387 / 2024 Coll.
Law on general product safety and on the amendment of certain related laws
Valid
Law
Effective from 13.12.2024
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387
THE LAW
of 20 November 2024
on general product safety and amending certain related laws
Parliament has decided on this law of the Czech Republic:
GENERAL SECURITY OF PRODUCTS
Subject matter
This law, following the directly applicable regulation of the European Union on the general safety of products1 (hereinafter referred to as the "General Product Safety Regulation '), provides for:
(a) the performance of public administration in the field of general product safety;
(b) a national network to ensure the operation of the Safety Gate early warning system pursuant to Article 25 of the General Product Safety Regulation ("the Safety Gate early warning system"); and
(c) the obligations of operators under Article 3 (13) of the General Product Safety Regulation and certain other persons in the field of general Product Safety.
Government
General product safety administration
(a) Ministry of Industry and Trade ("Ministry"),
(b) the general product safety oversight authorities referred to in Article 5 (1) (hereinafter referred to as the "supervisory authority"); and
(c) customs authorities of the Czech Republic (2) in relation to the general safety of products entering the European Union market.
Central liaison office
(1) The Ministry is the Central Liaison Office pursuant to Article 23 (1) of the General Product Safety Regulation (the "Central Liaison Office").
(2) Central liaison office
(a) coordinate cooperation between supervisory and customs authorities of the Czech Republic;
(b) in cooperation with the supervisory authorities, develop and update and evaluate the national market surveillance strategy referred to in Article 13 of Regulation (EU) 2019 / 10203 of the European Parliament and of the Council (the "Market Surveillance Regulation") in the field of general product safety;
(c) prepare and publish a summary of the national strategy referred to in point (b) on its website;
(d) prepare the national report referred to in Article 24 (1) of the General Product Safety Regulation and provide it to the European Commission (the Commission);
(e) submit to the Commission, at the request of the supervisory authority, a request for an opinion pursuant to Article 29 of the General Product Safety Regulation;
(f) is the contact point for receiving information from the Commission pursuant to Article 34 (3) of the General Product Safety Regulation provided by the competent supervisory authority; and
(g) fulfil the other obligations laid down in the Regulation on general product safety.
National Safety Gate early warning system network
(1) The national network to ensure the operation of the Safety Gate early warning system in the Czech Republic (hereinafter referred to as the "national network") consists of the Ministry, the supervisory authorities and the customs authorities of the Czech Republic.
(2) The Ministry is the National Contact Point for the Safety Gate Early Warning System pursuant to Article 25 (2) of the General Product Safety Regulation ("National Contact Point").
(3) National focal point
(a) checks the completeness of the notification pursuant to Article 26 of the General Product Safety Regulation on products presenting a serious risk to the health and safety of consumers transmitted by the supervisory authorities to the Safety Gate early warning system;
(b) transmit to the Commission for approval the notification referred to in (a);
(c) ensure communication with the Commission and the supervisory authorities on the notifications referred to in (a);
(d) ensure the exchange of information between the Commission and the supervisory authorities on products which could pose a serious risk and have not been notified in the Safety Gate early warning system;
(e) is the administrator of the Safety Business Gateway early warning system and the Safety Business Gateway portal referred to in Article 27 of the General Product Safety Regulation (the Safety Business Gateway portal),
(f) coordinate the work of the national network;
(g) prepare annual reports on the activities of the national network;
(h) is the point of contact for receiving information pursuant to Article 26 (8) of the GPSD; and
(i) fulfil other obligations arising from the Commission's directly applicable regulation adopted pursuant to Article 25 (2) of the GPSD.
Supervisory authorities
(1) Supervision of general product safety
(a) Czech Trade Inspection,
(b) the Czech Mining Office,
(c) Ministry of Transport,
(d) the Rail Authority;
(e) regional health centres;
(f) the central control and testing institute of agriculture,
(g) State agricultural and food inspection,
h) Czech environmental inspection,
(i) the Punk Office,
(j) Institute for State Control of Veterinary Bioprafts and Medicines,
(k) State Office for Nuclear Safety.
(2) Supervision of general product safety shall be exercised by the supervisory authorities within the scope of the other legislation listed in the Annex to this law. If no supervisory authority is provided for in order to exercise supervision of the general safety of the product, the supervision of the Czech Trade Inspectorate shall be carried out.
(3) Supervisory authority
(a) cooperate with other supervisory authorities, the customs authorities of the Czech Republic, the central liaison office and the national contact point;
(b) it shall process the supporting documents for the national market surveillance strategy referred to in Article 13 of the CMO Regulation in the field of general product safety and for its updating and evaluation;
(c) process the supporting documents for the national report referred to in Article 3 (2) (d);
d) processes and evaluates information
1. pursuant to Article 26 (3) of the General Product Safety Regulation,
2. pursuant to Article 26 (8) of the General Product Safety Regulation,
3. received via the Safety Business Gateway portal,
(e) make available on its website, in accordance with Article 33 (1) of the GPSD, information on measures concerning products presenting a serious risk to consumer health and safety; and
(f) comply with other obligations laid down by the General Product Safety Regulation.
Notification of dangerous products
(1) If the supervisory authority ascertains the presence of a dangerous product with a serious risk on the market of the Czech Republic, it shall immediately, no later than 4 working days after the imposition of the remedies, notify the national contact point through the Safety Gate early warning system.
(2) If the notification referred to in paragraph 1 complies with the requirements laid down in a directly applicable Commission Regulation adopted on the basis of Article 26 (10) of the General Product Safety Regulation, the national contact point shall immediately transmit the notification referred to in paragraph 1 to the Commission through the Safety Gate early warning system.
(3) The competent supervisory authority shall notify the national contact point without undue delay of any change to the facts notified under paragraph 1.
(4) The presence of products with a risk other than serious risk shall be notified by the supervisory authority to the central liaison office, the national contact point and the supervisory authorities of the Member States of the European Union through the information and communication system referred to in Article 34 of the Market Surveillance Regulation.
(1) Where a national contact point receives notification from the Commission of the presence of a dangerous product pursuant to Article 26 (5) of the GPSD, it shall transmit it to the competent supervisory authority without undue delay.
(2) The competent supervisory authority shall investigate the notification submitted. In the event of the imposition of corrective measures, they shall notify the National Contact Point, including any other relevant information, no later than 4 working days after the imposition of such measures, through the Safety Gate early warning system.
(3) Where the national contact point receives information from the Commission pursuant to Article 26 (8) of the GPSD, it shall transmit it to the competent supervisory authority without undue delay.
(4) The competent supervisory authority shall examine the information transmitted pursuant to paragraph 3 and shall notify the results of the investigation to the national contact point. Where the competent supervisory authority imposes corrective measures, it shall proceed mutatis mutandis in accordance with Article 6 (1) or (4).
Information obligation
(1) The manufacturer or importer must ensure that the instructions and safety information referred to in Articles 9 (7), 11 (4) and 21 of the General Product Safety Regulation are given in the Czech language.
(2) An economic operator supplying products to the market by means of distance communication is required to provide warnings and safety information pursuant to Article 19 (d) of the General Product Safety Regulation in the Czech language.
Transfers
(1) An economic operator commits an offence by:
(a) in breach of Article 14 of the GPSD, it shall not establish internal procedures to enable compliance with the requirements of the GPSD;
(b) does not, at the request of the supervisory authority, provide the information referred to in Article 15 (2) of this Regulation within the period provided for in Article 15 (4) of the GPSD; or
(c) does not provide the information referred to in Article 15 (3) of this Regulation at the request of the supervisory authority, within the period provided for in Article 15 (5) of the GPSD.
(2) An economic operator making products available on the market by means of distance communication shall commit an offence by not showing clearly and visibly in the product offer:
(a) the particulars referred to in Article 19 (a) or (b) of the General Product Safety Regulation;
(b) data enabling the product to be identified in accordance with Article 19 (c) of the GPSD; or
(c) warnings or safety information pursuant to Article 19 (d) of the GPSD and Article 8 (2).
(3) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if the offence referred to in paragraph 1 is committed; or
(b) 5 000 000 CZK if it is an offence pursuant to paragraph 2.
(1) The economic operator referred to in Article 4 (2) of the Market Surveillance Regulation designated as responsible pursuant to Article 16 (1) of the General Product Safety Regulation shall commit an infringement by:
(a) contrary to Article 4 (3) (a) of the market surveillance Regulation
1. Not to verify that a technical dossier has been drawn up for products under the General Product Safety Regulation; or
2. does not keep the technical documentation for 10 years after the product has been placed on the market;
(b) in contravention of Article 4 (3) (b) of the Market Surveillance Regulation, does not ensure that the technical documentation of the supervisory authority is made available or does not provide the supervisory authority with all the information or documentation necessary to assess the conformity of the product in the Czech language or in a language easily understood by the supervisory authority;
(c) in breach of Article 4 (3) (c) of the Market Surveillance Regulation, it shall not inform the supervisory authority in the event of a reasonable suspicion that the product presents a risk;
(d) in breach of Article 4 (3) (d) of the market surveillance Regulation, shall not ensure that immediate measures are taken to eliminate a product's non-compliance with the requirements laid down in the GPSD or to eliminate or mitigate the risk posed by the product;
(e) in breach of Article 16 (2) (a) of the General Product Safety Regulation, it does not regularly check that the product complies with the technical documentation referred to in Article 9 (2) of this Regulation;
(f) in breach of Article 16 (2) (b) of the General Product Safety Regulation, it does not regularly check that the product complies with the requirements of Article 9 (5), (6) or (7) of this Regulation and with the requirement of Article 8 (1);
(g) in contravention of Article 16 (2) of the General Product Safety Regulation, shall not, at the request of the supervisory authority, provide evidence of the checks carried out pursuant to Article 16 (2) (a) or (b) of this Regulation;
(h) in contravention of Article 16 (3) of the General Product Safety Regulation, does not indicate on the product or its packaging, on the package or in the accompanying document its name, business name or registered trade mark, its address for service and its electronic address; or
(i) in breach of Article 20 (4) of the GPSD, it shall not ensure an accident notification from the product placed or made available on the market.
(2) A penalty may be imposed in respect of an offence:
(a) 500 000 CZK if the offence referred to in paragraph 1 (a), (b), (c), (d) or (e) is committed; or
(b) 1 000 000 CZK if it is an offence referred to in paragraph 1 (f), (g), (h) or (i).
(1) The manufacturer commits an infringement by:
(a) it shall place on the market a dangerous product in breach of Article 5 of the GPSD;
(b) in breach of Article 9 (2) of the GPSD, does not carry out an internal risk analysis or does not produce a technical dossier in accordance with Article 9 (2) of this Regulation;
(c) does not maintain the technical documentation referred to in Article 9 (2) of this Regulation contrary to Article 9 (3) of the GPSD;
(d) does not keep the technical documentation referred to in Article 9 (2) of this Regulation up-to-date for 10 years after the product has been placed on the market, contrary to Article 9 (3) of the GPSD;
(e) does not provide the technical documentation referred to in Article 9 (2) of this Regulation at the request of the supervisory authority, contrary to Article 9 (3) of the GPSD,
(f) contrary to Article 9 (4) of the General Product Safety Regulation, it does not apply the procedure to ensure compliance of mass-produced products with the requirement laid down in Article 5 of this Regulation;
(g) not to mark the product in accordance with Article 9 (5) or (6) of the GPSD;
(h) in breach of Article 9 (7) of the General Product Safety Regulation, shall not attach instructions or safety information to the product or, in breach of Article 8 (1), shall not ensure that instructions or safety information are given in the Czech language;
(i) in breach of Article 9 (8) (a) of the General Product Safety Regulation, it shall not take the necessary corrective measures;
(j) in breach of Article 9 (8) (b) of the General Product Safety Regulation, does not inform the consumer in accordance with the requirements laid down in Article 35 or Article 36 of this Regulation of the withdrawal of a dangerous product from circulation;
(k) in contravention of Article 9 (8) (c) of the General Product Safety Regulation, the supervisory authority shall not inform the Safety Business Gateway portal of a dangerous product made available on the market;
(l) in breach of Article 9 (10) of the General Product Safety Regulation, shall not ensure that economic operators, responsible persons designated pursuant to Article 16 (1) of this Regulation or providers of online marketplaces in the supply chain concerned are informed of the safety problems related to the product placed on the market,
(m) in contravention of Article 9 (11) of the GPSD, it shall not make the means of communication available to consumers for making complaints or information about accidents or safety problems of the product placed on the market;
(n) in breach of Article 9 (12) of the General Product Safety Regulation, investigate any complaint or information received pursuant to Article 9 (11) of this Regulation;
(o) does not keep an internal register pursuant to Article 9 (12) of the GPSD; or
(p) in breach of Article 20 (1) of the General Product Safety Regulation, the supervisory authority shall not, without undue delay, notify the Safety Business Gateway portal of the accident which it has become aware of caused by the product placed on the market.
(2) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if the offence referred to in paragraph 1 (e), (f), (m), (n), (o) or (p) is committed;
(b) 5 000 000 CZK if the offence referred to in paragraph 1 (c), (d) or (l) is committed;
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (g), (h), (j) or (k) is committed;
(d) 20 000 000 CZK if the offence referred to in paragraph 1 (b) or (i) is committed; or
(e) 50 000 000 CZK if it is an offence referred to in paragraph 1 (a).
(1) The importer commits an infringement by:
(a) it shall place on the market a dangerous product in breach of Article 5 of the GPSD;
(b) in contravention of Article 11 (2) of the GPSD, it shall place the product on the market even if it has information or has reason to believe that the product does not comply with the requirements of Article 9 (2), (5) or (6) of this Regulation;
(c) in breach of Article 11 (2) of the General Product Safety Regulation, the manufacturer or through the Safety Business Gateway portal shall not inform the supervisory authority of the dangerous product;
(d) do not label the product in accordance with the requirements of Article 11 (3) of the GPSD;
(e) in breach of Article 11 (4) of the General Product Safety Regulation, it shall not ensure that the product is accompanied by instructions or safety information or, contrary to Article 8 (1), it shall not ensure that the instructions or safety information are given in the Czech language;
(f) in breach of Article 11 (5) of the General Product Safety Regulation, shall not ensure that storage and transport conditions do not jeopardise the conformity of the product with the general safety requirement referred to in Articles 5 and 9 (5) and (6) of this Regulation;
(g) in breach of Article 11 (6) of the GPSD, it shall not keep a copy of the technical documentation referred to in Article 9 (2) of this Regulation for a period of 10 years after the product has been placed on the market;
(h) in contravention of Article 11 (6) of the GPSD, does not provide a copy of the technical documentation referred to in Article 9 (2) of this Regulation at the request of the supervisory authority;
(i) in breach of Article 11 (7) of the GPSD, does not cooperate with the supervisory authority or the manufacturer on measures to ensure product safety;
(j) in breach of Article 11 (8) (a) of the General Product Safety Regulation, the manufacturer shall not immediately inform the manufacturer, on the basis of available information on the dangerous product, or, if there is reason to believe, that the product is dangerous,
(k) in breach of Article 11 (8) (b) of the General Product Safety Regulation, it shall not ensure the prompt adoption of measures for the placing, on the basis of the information available, of a product which is dangerous or of a product for which it has reason to believe that it is dangerous, in accordance with the requirements of this Regulation, unless such measures have been taken by the manufacturer;
(l) in breach of Article 11 (8) (c) of the General Product Safety Regulation, it shall not immediately inform the consumer, in accordance with the requirements of Article 35 or Article 36 of this Regulation, of the withdrawal of a product which is dangerous on the basis of the information available or of a product for which it has reason to believe it to be dangerous, from circulation,
(m) in contravention of Article 11 (8) (d) of the General Product Safety Regulation, the supervisory authority shall without delay not inform, via the Safety Business Gateway portal, of a product which is dangerous on the basis of the information available, or of a product for which it has reason to believe that it is dangerous, made available on the market;
(n) in breach of Article 11 (9) of the General Product Safety Regulation, they shall not verify that the means of communication referred to in Article 9 (11) of this Regulation have been made available to consumers,
(o) in contravention of Article 11 (9) of the General Product Safety Regulation, do not make the means of communication referred to in Article 9 (11) of this Regulation available to consumers unless made available by the manufacturer;
(p) in breach of Article 11 (10) of the General Product Safety Regulation, does not enter a complaint or information in the internal register referred to in Article 9 (12) of this Regulation or in its own register;
(q) in breach of Article 11 (10) of the General Product Safety Regulation, investigate a complaint or information pursuant to Article 9 (12) of this Regulation,
(r) in breach of Article 11 (10) of the General Product Safety Regulation, does not inform the manufacturer, distributor, full order service provider or online marketplace provider of the results of the complaint investigation or information; or
(s) in breach of Article 20 (3) of the General Product Safety Regulation, it shall not inform the manufacturer without undue delay of the accident which it has become aware of caused by the product placed on the market.
(2) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if the offence referred to in paragraph 1 (h), (i), (n), (o), (p), (q), (r) or (s) is committed;
(b) 5 000 000 CZK if the offence referred to in paragraph 1 (c), (g) or (j) is committed;
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (d), (e), (l) or (m) is committed;
(d) 20 000 000 CZK if the offence referred to in paragraph 1 (b), (f) or (k) is committed; or
(e) 50 000 000 CZK if it is an offence referred to in paragraph 1 (a).
(1) The distributor commits an infringement by:
(a) in breach of Article 12 (1) of the General Product Safety Regulation before making the product available on the market, they shall not verify that the manufacturer has complied with the requirements laid down in Article 9 (5), (6) and (7) of this Regulation and the requirement laid down in Article 8 (1);
(b) in breach of Article 12 (1) of the General Product Safety Regulation before making the product available on the market, they shall not verify that the importer has complied with the requirements laid down in Article 11 (3) and (4) of this Regulation and the requirement laid down in Article 8 (1),
(c) in contravention of Article 12 (3) of the GPSD, make the product available on the market even if it has information or has reason to believe that the product does not comply with Article 5, Article 9 (5), (6) or (7) or Article 11 (3) or (4) of this Regulation or Article 8 (1);
(d) in breach of Article 12 (2) of the General Product Safety Regulation, shall not ensure that storage and transport conditions do not jeopardise the conformity of the product with the general product safety requirement referred to in Article 5 of this Regulation and with the requirements of:
1. pursuant to Article 9 (5), (6) and (7) of this Regulation and Article 8 (1); or
2. pursuant to Article 11 (3) and (4) of this Regulation and Article 8 (1),
(e) contrary to Article 12 (4) of the General Product Safety Regulation, after having at its disposal information or reason to believe that it has made a dangerous product available on the market or that it is in breach of the requirements of Article 9 (5), (6) or (7) or Article 11 (3) or (4) of this Regulation or of Article 8 (1),
1. inform the manufacturer or importer without delay;
2. does not ensure that measures are taken to bring the product into conformity with those requirements, including, where appropriate, withdrawal from the market or circulation in accordance with the requirements of Article 35 or 36 of the GPSD; or
3. shall not without delay ensure that the supervisory authority is informed through the Safety Business Gateway portal; or
(f) in breach of Article 20 (3) of the General Product Safety Regulation, without undue delay, shall not inform the manufacturer of the accident which he has become aware of caused by the product which he has made available on the market.
(2) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if it is an offence referred to in paragraph 1 (f);
(b) 5 000 000 CZK if the offence referred to in paragraph 1 (e) (1) is committed,
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (a), (b), (c) or (e) (2) or (3) is committed; or
(d) 20 000 000 CZK if the offence referred to in paragraph 1 (d) is committed.
(1) The authorised representative shall commit an infringement by not providing the supervisory authority with a copy of the mandate referred to in Article 10 (2) of the GPSD.
(2) A fine of up to CZK 100,000 may be imposed for the offence referred to in paragraph 1.
(1) The provider of an online marketplace commits an infringement by:
(a) in contravention of Article 22 (1) of the General Product Safety Regulation, it shall not designate a single point of contact for direct communication by electronic means with the supervisory authorities or on the Safety Gate portal referred to in Article 34 of this Regulation not to indicate the contact point;
(b) in breach of Article 22 (1) of the General Product Safety Regulation, it shall not be registered on the Safety Gate portal;
(c) in breach of Article 22 (2) of the GPSD, it shall not designate a single point of contact for communication with consumers on product safety issues;
(d) in breach of Article 22 (3) of the GPSD, it shall not establish internal procedures to ensure compliance with the relevant requirements of the GPSD;
(e) in contravention of Article 22 (6) of the General Product Safety Regulation, the supervisory authority which has made the notification in the Safety Gate early warning system shall not inform the supervisory authority of the measures taken following that notification to eliminate the supply of the dangerous product;
(f) in breach of Article 22 (12) of the General Product Safety Regulation, does not cooperate with the supervisory authority, trader or economic operator in order to eliminate or mitigate the risk posed by a dangerous product which is or has been offered through its online services;
(g) contrary to Article 22 (12) (a) of the GPSD
1. does not provide consumers with information in accordance with the requirements of Article 35 or Article 36 of this Regulation; or
2. does not inform the recall of the product on its online interface;
(h) in breach of Article 22 (12) (b) of the General Product Safety Regulation, does not inform the operator of the decision to remove or prohibit access to content referring to the supply of a dangerous product;
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Regulation Information
| Citation | Act No. 387 / 2024 Coll., on general product safety and amending certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2024 |
|---|---|
| Effective from | 13.12.2024 |
| Effective until | - |
| Status | Valid |
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Source:
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