Act No. 393 / 2007 Coll.
Act amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Valid
Law
Effective from 01.01.2008
Text versions:
01.01.2008
31.12.2007
393
THE LAW
of 6 December 2007
amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll. and Act No. 574 / 2006 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This law implements the relevant provisions of the European Communities (1) (hereinafter referred to as the Community) and provides:
(a) certain measures to improve energy efficiency and the obligations of natural and legal persons in energy management;
(b) the rules for the creation of the State Energy Concept, the Territorial Energy Concept and the State Programme to promote energy savings and the use of renewable energy sources;
(c) ecodesign requirements for EuPs.
1) Council Directive 93 / 76 / EEC of 13 September 1993 on the limitation of carbon dioxide emissions by means of energy efficiency improvements. Directive 2002 / 91 / EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings. Directive 2005 / 32 / EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directives 92 / 42 / EEC and 96 / 57 / EC of the European Parliament and of the Council and 200 / 55 / EC. ';
2. In Article 2, at the end of point (q), the dot is replaced by a comma and the following points (r) to (w) are added:
"(r) an EuP product which, after placing on the market or putting into service, is dependent on energy input (electricity, fossil fuels or renewable energy sources) in order to operate in accordance with its purpose, or a product intended for the production, transmission or measurement of such energy, including parts of energy input which are intended to be incorporated into an EuP and which are placed on the market or put into service as individual parts for end-users, and for which the environmental impact may be assessed separately;
(s) parts and sub-assemblies of parts intended for incorporation into an EuP which are not placed on the market or put into service as individual parts for end-users or for which the environmental impact cannot be assessed separately;
(t) the ecodesign of the environmental impact of products in the product design with a view to reducing the negative environmental impacts of the product during its entire life cycle;
(u) placing on the market the first making available on the Community market of an EuP with a view to its distribution or use in the Community in return for payment or free of charge and irrespective of the method of sale;
(v) by an authorised representative, a natural or legal person established in the Community who has been authorised in writing by the manufacturer to fulfil on his behalf, in whole or in part, the obligations arising under this law, in particular Article 8a;
(w) by an importer, a natural or legal person established within the Community who, in the course of his business, places on the Community market a product from a third country. "
3. the title of Title III shall read as follows:
"STATE PROGRAMME FOR THE SUPPORT OF ENERGY SAFETY AND THE USE OF RELATED ENERGY RESOURCES '.
4. In Article 5 (1), the words "the National Energy Efficiency Programme and the Use of their Renewable Resources and Secondary Resources' are replaced by the words" the State Programme to Support Energy Savings and the Use of Renewable Energy Resources'; the words "a document expressing objectives' are replaced by the words" an instrument for support '; and the words "in the area' are replaced by the words" measures to be taken ';
5. In Article 5 (2), "five-year period 'is replaced by" one-year period';
6. Paragraph 5 (3) reads as follows:
"(3) In agreement with the Ministry of the Environment, the Ministry evaluates the implementation of the Programme once a year and informs the Government of the results. The Ministry shall take into account the results of the evaluation of the Programme in the draft Programme for the next period. ';
7. In Article 5, at the end of paragraph 4, the dot is replaced by a comma and the following point (k) is added:
"(k) incentives for small, medium and very small enterprises producing EuPs to introduce new procedures to meet ecodesign requirements."
8. In Article 6 (2), the words "specific legislation 'are replaced by the words" implementing legislation' and footnote 4a, including the reference to this footnote, is deleted.
9. In Article 6 (3), the word "central 'shall be inserted before the word" heating' and the words "under implementing legislation 'shall be added at the end of the paragraph.
10.Paragraph 6 (5) reads:
"(5) The control of boilers and internal thermal energy distribution referred to in paragraphs 2 and 3 and the control of boilers with a power exceeding 200 kW used for heating, located in a heated building, may be carried out only by persons pursuant to § 10 or by persons authorised under special legislation 4d) tested by the Ministry. The scope of the examination of such persons shall be laid down in the implementing legislation. ';
11. In the first sentence of 6 (8), the words "tested by the Ministry on the issue of energy efficiency use and draft measures" shall be added at the end of the sentence.
12. in Article 6 (9), the word "divorce" shall be replaced by "distribution," the word "fixed" shall be replaced by "to the extent specified" and the third sentence shall be deleted;
13. in Article 8 (1), the words "(energy appliances)" shall be deleted;
14. the following Section 8a is inserted after Section 8, including the title and footnotes 6d and 6e:
Ecodesign
(1) The manufacturer or his authorised representative, or the importer of EuPs provided for in the implementing legislation, must affix the CE marking to such EuPs before placing on the market or putting into service) and issue a declaration of conformity with the ecodesign requirements which declares compliance with the ecodesign requirements laid down in the implementing legislation.
(2) The manufacturer referred to in paragraph 1 shall mean the natural or legal person making an EuP and placing it on the market or putting it into service under his own name or trade mark. A natural or legal person placing on the market or putting into service of EuPs shall also be considered as a manufacturer if the manufacturer does not exist according to the previous sentence or importer.
(3) The content and details of the processing of the declaration of conformity to the ecodesign requirements are laid down in implementing legislation.
(4) Energy appliances established in accordance with paragraph 1 shall not bear any other marking which may give rise to confusion with the CE marking with its meaning or form. The CE marking shall comply with the requirements laid down in the specific legislation6e) governing the graphic form of the CE marking.
(5) Ecodesign requirements do not apply to energy appliances displayed at fairs, exhibitions or demonstration events, provided that they are accompanied by a notification that they may not be placed on the market or put into service in the territory of the Community until they comply with the requirements laid down by this law and the implementing legislation.
(6) Persons subject to the obligation referred to in paragraph 1 must keep a declaration of conformity and documents relating to the conformity assessment carried out for a period of 10 years from the manufacture of the last piece of the EuP in question and be obliged to provide it to the competent control authority within 10 days upon request.
(7) The documentation referred to in paragraph 3 shall be provided to end-users of the product in the Czech language. This does not apply if this information can be expressed using harmonised symbols or recognised codes.
(8) Implementing legislation may provide for:
(a) ecodesign requirements;
(b) data on the material composition and consumption of EuPs, materials or resources;
(c) requirements for the installation of an EuP;
(d) the technical standards or procedures to be applied;
(e) details of the conformity assessment;
(f) other information to be provided by manufacturers, in particular information on the elements of the technical documentation needed to facilitate checks on the conformity of the EuP, the necessary information on how consumers can contribute to the sustainable use of the product, information on the ecological profile of the product and the benefits of ecodesign, information on the material composition and consumption of energy, materials or components and sub-assemblies.
6d) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking.
(e) Regulation (EC) No 1980 / 2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme. ';
footnotes 6d and 6e, including the references to these notes, shall be renumbered as footnotes 6f and 6g.
15. in Article 9 (10), the words "temporarily and" shall be replaced by "temporarily or."
16. in Paragraph 9 (10) (b), the words "holder of an authorisation" are replaced by the words "authorised."
17. In paragraph 9, the words "which is a recognition body under special legislation 6g) 'shall be added at the end of the text of paragraph 11.
18.Paragraph 10 (5) reads as follows:
"(5) The professional competence to carry out energy audits shall be those who demonstrate the completed higher education of a master's or doctoral study programme in the field of technical sciences and technology and 3 years of experience in the field or completed secondary education with a graduate examination and 5 years of experience in the field of technical sciences and technology and 5 years of experience and 5 years of experience. '
19. in Article 12 (1), point (f) is deleted;
20. in Article 12 (2), the word "(f)" shall be deleted;
21. in Article 12a (1), point (f) is deleted;
22. in Article 12a (6) (a), (b) and (d), the word "(f)" shall be deleted;
23. in Paragraph 12a, at the end of paragraph 1, the dot is replaced by a comma and the following points (o) and (p) are added:
"(o) as a manufacturer or his authorised representative, or as an importer of EuPs, shall not affix the CE marking to such appliances or issue a declaration of conformity in accordance with Article 8a (1), or shall affix another marking which, by its meaning or form, could lead to confusion with the CE marking in accordance with Article 8a (3);
(p) as a manufacturer or his authorised representative or as an importer of EuPs, he shall not keep the declaration of conformity and the documents relating to the conformity assessment carried out for a specified period of time or provide them within a specified period to the competent control authority referred to in Article 8a (6). ";
24. in Article 12a (2) (d), the words "within 4 years of the entry into force of this Act" shall be deleted;
25. in Article 12a (6) (d), the words "paragraph 1 (o) and (p)" shall be inserted after the words "administrative offence";
26. In Article 13 (4), the words "in accordance with paragraph 3 and the binding opinion referred to in paragraph 2 'shall be inserted after the words" in accordance with paragraph 3'.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 406 / 2000 Coll., on Energy Management, as is apparent from the laws amending it.
Efficacy
This Act shall take effect on 1 January 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 393 / 2007 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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