Act No. 71 / 2000 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain laws, and certain other laws
Valid
Law
Effective from 03.04.2000
71
THE LAW
of 24 February 2000
amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain laws, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Technical Requirements for Products
Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, is amended as follows:
1. In Article 1 (b), the words "or distribute 'shall be inserted after the word" market'.
2. In Article 1 (c), the words "legal or physical 'and the words" (hereinafter referred to as "standards') 'are deleted.
3. in Paragraph 2 (b):
"(b) the placing on the market of a product is the moment when, for the first time, a product in the Czech Republic is submitted or offered free of charge for distribution or use, or when, for the first time, ownership rights are transferred to it, unless a special law provides otherwise. Products manufactured or imported for operational purposes in the course of their own business by producers or importers shall also be considered to be placed on the market unless the Government Regulation excludes this. Where necessary, the Government shall, by means of a regulation, specify the concept of placing on the market for products covered by this technical regulation. ';
4. in Article 2, the following point (c) is inserted after point (b):
"(c) by the manufacturer, the person who manufactures or even even proposed a product for which he is responsible under this law and intends to place on the market under his name, '.
Points (c) to (e) shall be renumbered as points (d) to (f).
5. In Article 2 (d), the words "natural or legal person who" are replaced by the words "who."
6. in Article 2 (e), the words "natural or legal person who" are replaced by the words "who."
7. in Article 2 (f):
"(f) technical requirements for the product
1. the technical specification contained in the legislation or standard setting out the required product characteristics, such as quality, utility, safety and dimensions, including the requirements for its name under which it is sold, the modification of the nomenclature, symbols, product testing and test methods, the requirements for packaging, labelling or labelling, the conformity assessment procedures for the product with the legislation or standards, the production methods and processes affecting the characteristics of the products,
2. other requirements necessary for the protection of legitimate interest or consumer protection concerning the life cycle of a product after being placed on the market, such as conditions of use, recycling, reuse or disposal of a product, where such conditions may significantly affect the composition or nature of the product or its placing on the market. ';
8.
Technical regulations
The technical regulation for the purposes of this Act shall be the legislation published by the publication of its full text in the Collection of Laws, containing technical requirements for products, or rules on services or on obligations for the placing on the market, for the provision or establishment of a service or prohibiting the manufacture, import, sale or use of a particular product or the use, supply or establishment of a service. ';
footnote 1 is deleted.
9. In Section 4, the heading "Standards' is replaced by the heading" Czech Technical Standard '.
10. in Article 4 (1), the word "Standard" shall be replaced by "Czech Technical Standard," the words "Approved by an authorised legal person for repeated or permanent use" shall be inserted after the word "Document," and the following sentence shall be added at the end: "The Czech Technical Standard is not generally binding."
11. in Article 4 (3), "Norma" is replaced by "Czech Technical Standard (hereinafter referred to as" Standard ")."
12. in Article 4, paragraphs 4, 5 and 6 are deleted;
13. The following Section 4a is inserted after Section 4:
Standards and documents for conformity assessment
(1) The standard becomes a harmonised standard if it fully accepts the requirements laid down by the harmonised European standard. Where necessary for the fulfilment of the technical requirements for products resulting from a government regulation issued under this Act, the Office for Technical Standardisation, Metrology and State Testing (hereinafter referred to as "the Office ') may designate additional standards or technical documents of international organisations for conformity assessment, containing technical requirements which have been notified in the Office Bulletin (hereinafter referred to as" the designated standards').
(2) The Office shall notify, in the Bulletin of the Office, harmonised standards and harmonised European standards, their amendments or cancellations and the specified standards, their amendments or cancellations. It shall at the same time specify the technical regulation to which those standards relate.
(3) Compliance with a harmonised standard or a designated standard and, in cases resulting from an international agreement, compliance with a foreign technical standard transposing a harmonised European standard shall, to the extent of its content, be deemed to comply with the requirements laid down by the Government Regulation to which those standards apply. ';
14. in Article 7, paragraphs 4, 5 and 6 are added after paragraph 3, including footnote 1:
"(4) The Government shall adapt the procedure for providing information in the field of technical regulations and standards by means of a regulation.
(5) The Office shall notify the institutions of the European Communities or the competent authorities of the States with which international agreements are concluded, to the extent that such contracts result, in particular:
(a) the opinion that it has been found that the provisions of a harmonised European standard do not comply with the essential requirements laid down in the technical regulations issued by the institutions of the European Communities or, where appropriate, with other elements relating to the standards;
(b) authorised persons (Article 11) responsible for carrying out the tasks of notified persons operating within the European Union.
(6) The Ministry notifies the authorities of the European Communities or the competent authorities of the States with which international agreements are concluded, to the extent resulting from these agreements, the decision to impose safeguard measures (1) on specified products (§ 12), including those originating in the States with which the relevant international treaty is negotiated.
1) § 7a of Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended. "
15. the words "and persons with reduced mobility" shall be added at the end of Paragraph 8 (3) (d).
16. In Section 9, the words "legal or physical 'are deleted.
17. In Section 10, the following sentence is added at the end: "These certificates may be used for conformity assessment under Section 13 (1). '.
18. In Article 11 (1), the words "provided for under this Act 'shall be replaced by the words" including the assessment of activities related to their production and defined in technical regulations' and the sentence of the second sentence shall be replaced by the following sentence: "Authorisation for an activity under this Act shall be granted in a factually defined manner by the Office by a decision on the basis of a request which must be supported by evidence of compliance with the conditions of authorisation laid down in this Act and by government regulations issued for its implementation, in agreement with the ministries and other central administrations whose competence is concerned by the assessment of specified products by authorised persons'.
19. In Article 11 (2), the words "ensuring conformity assessment activities' shall be deleted and the words" provided for by a Government Decree issued for the implementation of the Act shall be inserted. If the Government Regulation does not lay down these conditions, the Authority may issue an authorisation decision if the applicant for authorisation fulfils the necessary conditions. '
20. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) The authorised person shall be required to conclude a liability insurance contract immediately upon receipt of the authorisation decision. No later than 30 days after receipt of the authorisation decision, the authorised person shall submit proof of insurance to the Office, otherwise its authorization shall cease. '.
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
21. In Paragraph 11 (4), the words "and government regulations issued for its implementation" shall be inserted after the word "the law."
22. Paragraph 11 (5) reads:
"(5) Where an authorised person does not fulfil the obligations or conditions laid down in this Act or in the Government Regulations issued for its implementation and in the authorisation decision, the need for an authorised person to exist or, if the authorised person so requests, the Office shall, after consulting the participating ministries and other central administrative authorities, amend or revoke the authorisation decision. ';
23. In Article 11, the following paragraph 8 is added:
"(8) Where this results from an international agreement, foreign persons notified in the framework of this Treaty may also carry out the tasks of authorised persons, on whom the Office shall publish information in the Bulletin of the Office, specifying the extent of their activities in assessing the conformity of products. ';
24. The following Section 11a is inserted after Section 11:
Authorised persons
(1) Authorised persons shall ensure, to the extent defined in the Decision authorising the conformity assessment of products, including the assessment of activities related to their production and defined in technical regulations, with the requirements of technical regulations.
(2) Authorised persons shall:
(a) conclude, on the basis of a proposal from the manufacturer or importer, a contract to carry out the operations under the conformity assessment procedure established or to notify him within 20 days of the conditions for carrying out such operations;
(b) to carry out technical findings objectively with professional care at the level of knowledge of science and technology known at the time they are carried out;
(c) to the extent provided for by government regulations issued for the implementation of this Law,
1. issue certificates or other documents based on technical findings;
2. to provide copies of certificates or other documents, including related documents and information on the issue, refusal or revocation of certificates or other documents of the Office or other authorised persons and, in cases specified for the performance of an international contract, to foreign persons,
(d) notify the Office without delay of cases where they cannot ensure compliance with the conditions laid down for the exercise of authorisation;
(e) if, in the course of the performance of his or her duties, the authorised person finds that the product may endanger or threaten the legitimate interest, he or she shall notify the supervisory authority without delay.
(3) Authorised persons are entitled to revoke or amend a certificate issued by them or any other document issued by them, provided that it is established that the facts for which they were issued have changed, in particular if the products are found not to comply with the requirements of the technical regulations applicable to them. "
25. in Article 12 (1) (a), the comma at the end shall be replaced by a semicolon and the following shall be added: "Ministries and other central administrations may, exceptionally and in the public interest, for example, for the purpose of eliminating the consequences of accidents or natural disasters, decide that a particular product is not considered as a specified product."
26. in Article 12 (1) (b), the word "these" shall be deleted and the words "if they are not regulated by specific provisions" shall be replaced by the words "which products must comply with, and the amendments to the relevant provisions of the Regulations (technical regulations) issued by the ministries and other central administrative authorities, if there is any conflict with the regulations of the Government."
27. in Article 12 (1) (c), at the end, the dot is replaced by a comma and the following point (d) is added:
"(d) the definition of a circle of persons or the identification of persons implementing or participating in conformity assessment.";
28. in Article 12 (4) (a), the words "accredited person, where appropriate," shall be deleted;
29. in Article 12 (4) (c), the word "products" shall be inserted after the word "specific characteristics."
30. in Article 12 (4) (d), the words "or the elements of the quality system" shall be inserted after the words "production quality."
31. in Article 12 (4) (e), the words "or the elements of the quality system" shall be inserted after the words "product quality."
32. in Paragraph 12, at the end of paragraph 4, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) an assessment of the product production activities;
(j) other conformity assessment procedures, where necessary, including, where appropriate, the activities of an accredited or other person. ";
33.Paragraph 12 (5) and (7), including footnote 3, shall be deleted.
Paragraph 6 shall become paragraph 5.
34. In Paragraph 13, the following paragraphs 4 to 7 are inserted after paragraph 3:
"(4) The Government of the Republic of the Czech Republic or the States with which the relevant international agreement is negotiated shall determine when the CE marking may be affixed, or, where appropriate, by the Government's decree of designation, to each of the products originating in the Czech Republic or in the States with which the relevant international agreement is negotiated. In cases provided for by government regulations, the CE marking or any other marking may be used only under the conditions laid down in the regulation.
(5) The importer's obligation to issue a declaration of conformity in accordance with paragraph 2 or to comply with paragraph 4 shall not apply to products originating in the States with which the relevant international agreement is negotiated, provided that on importation they comply with the provisions of paragraph 4.
(6) The Government shall, by means of a regulation, determine the graphic form of the CE marking or any other marking provided for, their execution and location on the product, its packaging or its accompanying documentation. The CE marking may only be placed on a product if the product complies with the requirements of all technical regulations which provide for the obligation or the possibility of placing the CE marking on the product. Where there is a CE marking or other marking laid down on the product, the product shall not be accompanied by a Czech conformity mark or a mark which, by its meaning or form, could lead to confusion with the CE marking or with another marking.
(7) Where the Government so provides by regulation, the manufacturer or importer or other person provided for by the Government Regulation shall, upon request, provide copies of the certificates or other documents, including the related documents of the Office or other authorised persons and, in cases provided for in order to comply with the international agreement, also to foreign persons. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 8 to 10.
35. In Paragraph 13, the following sentence is added at the end of paragraph 8: "For imported products identified in the cases provided for in paragraph 4 by the CE marking or by any other marking provided for in the Government Regulations, the importer shall not be obliged to keep evidence of the conformity assessment method used in the territory of the Czech Republic, but shall be obliged to ensure that they are presented to the supervisory authority at his request, justified by suspicion of a risk of serious threat to the legitimate interest and within a reasonable period of time, in the language laid down by the Government Regulation. '.
36. In the introductory sentence of Article 13 (9), the words "except for products marked with CE or any other indication provided for in government regulations within the meaning of paragraph 4, for which it proves that they are originating in the States with which the relevant international agreement is negotiated within the meaning of paragraph 4" and point (a) shall be inserted after the words "the distributor may not":
"(a) present immediately on the spot for inspection,"
37. in Article 13, the following paragraph 11 is added:
"(11) The obligations of the manufacturer or importer referred to in Section 13, the details of which are laid down in the Government Decree, may also be fulfilled by a person authorised by the manufacturer or importer. Where those persons do not comply with those obligations, they shall be required to ensure that they are carried out by the last person to place the product on the market. ';
38. In Article 14 (1), the words "initiated at the request of a legal person or a natural person who is an entrepreneur 'shall be inserted after the words" procedure' and the words "legal or natural person who has applied for it 'shall be deleted.
39. in Article 15 (3), the words "obligations or" shall be inserted after the words "accreditation person."
40. In Article 15 (5), the words "directly related to activities under this Act 'shall be inserted after the words" in the field of accreditation'.
41. in Article 16 (1), the words "or natural person" shall be replaced by the words "person or natural person who is an entrepreneur."
(42) In Article 17 (1), the words "or foreign marks" shall be inserted after the words "(certificates, certificates, etc.), and the words" documents certifying "shall be replaced by the words" proof of ";
43. Paragraph 18, including footnote 4, reads:
Supervision of whether a declaration of conformity has been issued for specified products placed on the market or, in the cases provided for in Section 13 (4), the product has been labelled in a specified manner or, where appropriate, the document provided for it, and whether the characteristics of the specified products placed on the market comply with the specified technical requirements, shall be carried out by the Czech Trade Inspection Office (hereinafter referred to as the "Supervisory Authority '), 4) or by an authority designated by a special law.
4) Act No. 64 / 1986 Coll., as amended. '
44. in Article 19 (1) (a), the words "other document issued by an authorised person in connection with conformity assessment" shall be inserted after the words "certificate."
45. in Paragraph 19 (1) (b):
"(b) has placed on the market or distributed the specified products without a declaration of conformity or with a misleading or unjustified declaration of conformity or without a given designation a Czech mark of conformity or, in the cases provided for in Article 13 (4), without the CE marking or any other marking provided for by a regulation of the Government or with a misleading or unauthorised CE marking or another marking provided for by a regulation of the Government,";
46. In Paragraph 19 (2), the words "or" shall be replaced by a comma after the word "distributors," the words "or other persons provided for in government regulations," "4" shall be replaced by "8" and the words "5" shall be replaced by "9."
47. in Article 19 (3) (d), the words "or other document issued by an authorised person in connection with conformity assessment" shall be added at the end.
48. The following sentences shall be added at the end of Paragraph 20: "The administrative authority shall decide in the authorisation procedure no later than 120 days after the initiation of the procedure. In exceptional cases the authorisation procedure may be extended by the Ministry for another 60 days. '
49. In Section 22, the words "§ 2 (b), § 7 (4), § 11 (2), § 11a (2) 'are inserted after the words" to be implemented'.
1. For specified products the supply of which has been contracted before the entry into force of the law and are intended to be put into service as part of an investment work initiated before the entry into force of this law, the manufacturer or importer may apply only the legislation in force at the time of the conclusion of the specific contract for the supply of those products.
2. An authorised person who received an authorisation decision before the entry into force of this Act shall be required to conclude a liability insurance contract pursuant to Article 11 (3) within 30 days of the entry into force of this Act, otherwise its authorization shall cease.
Amendment of the Fire Protection Act
In Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll. and Act No. 163 / 1998 Coll., in Paragraph 32 (1) (c), the dot at the end is replaced by a comma and the words which, including footnote (2a), are added "except for products designated for conformity assessment under the Special Act, 2a) unless the Decree of the Government issued for its implementation provides otherwise.
2a) Article 12 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. '.
Amendment of the Mining Act, Explosives and State Mining Administration
In Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll. and Act No. 128 / 1999 Coll., Paragraph 8, paragraph 6, including footnote 6, is added:
"(6) The provisions of paragraphs 1 to 5 shall not apply to products before they are placed on the market, unless they are provided for in a special act to assess conformity, (6a) unless otherwise provided for in a Government regulation issued for their implementation.
6a) § 12 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. '
Amendment of the Railway Act
In Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll. and Act No. 23 / 2000 Coll., § 47, paragraph 4, including footnote 7d, read:
"(4) The Railway Administration shall issue a licence of the designated technical equipment on the basis of a technical inspection and test carried out by the manufacturer of the designated technical equipment for his cargo with a legal person designated by the Ministry of Transport and Communications or on the basis of a declaration by the manufacturer of conformity of the product with the technical regulations. 7d)
7d) § 13 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. '
Amendment of the Atomic Law
In Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and amending and supplementing certain laws, as amended by Act No. 83 / 1998 Coll., in Paragraph 23 (1) at the end, the sentence which, including footnote 13a) reads "Assessment of conformity of products by procedures under the Special Act 13a) replaces type approval by the Office and the products thus assessed are considered to be type-approved under this Act unless the Government Regulation, issued for the implementation of the Special Act, 13a) provides otherwise.
13a) Sections 12 and 13 of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended by Act No. 71 / 2000 Coll. '
Amendment of the Act on Czech Trade Inspection
In Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll. and Act No. 189 / 1999 Coll., in § 2 (2) (g), the word "the word" and "the words" and the particulars of the conformity assessment are deleted. "
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 71 / 2000 Coll., amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain laws, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.2000 |
|---|---|
| Effective from | 03.04.2000 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Health and safety at work
Taxes
Finance
Mining
Civil law
Civil law substantive
Commercial law
Commercial liabilities
Labour law
Industrial rights
Governance of the national economic sectors
Administrative authorities
Administrative law
State (official) control
Science and research
Health
Environment
The regulation text is for informational purposes only.
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