Act No. 87 / 2023 Coll.
Law on market surveillance for products and amending certain related laws (Law on market surveillance for products)
Valid
Effective from 06.04.2023
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87
THE LAW
of 7 March 2023
on market surveillance for products and amending certain related laws (Law on market surveillance for products)
Parliament has decided on this law of the Czech Republic:
MARKET SURVEILLANCE WITH PRODUCTS
Subject matter
This Act, following the directly applicable European Union regulation on market surveillance and conformity of products with Regulation (1) ("the Market Surveillance Regulation ')
(a) designate a central liaison office;
(b) lay down certain authorisations and obligations of the administrative authorities responsible for the market surveillance of products (hereinafter referred to as the "supervisory authority"),
(c) provides for cooperation between the Central liaison office, the supervisory authorities and the customs authorities of the Czech Republic; and
(d) regulate certain rights and obligations of economic operators.
Scope of the law
(1) This law shall apply in the application of the Market Surveillance Regulation and in the exercise of market surveillance on products covered by European Union rules listed in Annex I to the Market Surveillance Regulation and the General Product Safety Regulation (6).
(2) Where the provisions of the European Union listed in the Annex: The Regulation on market surveillance also contains specific provisions which more specifically regulate the various aspects of the market surveillance of products, those provisions of the European Union or those implementing them shall apply in the exercise of supervision.
Central liaison office
(1) The central liaison office referred to in Article 10 (3) of the Market Surveillance Regulation is the Ministry of Industry and Trade.
(2) Central liaison office
(a) coordinate cooperation between supervisory and customs authorities of the Czech Republic;
(b) fulfil the information obligations with regard to the European Commission under Article 34 of the Market Surveillance Regulation;
(c) in cooperation with the supervisory authorities, develop and update and evaluate the national market surveillance strategy for products referred to in Article 13 of the Market Surveillance Regulation;
(d) prepare a summary of the national market surveillance strategy for products referred to in (c) and publish it on its website;
(e) communicate with the supervisory authorities and central liaison offices of other Member States of the European Union pursuant to Article 24 of the Market Surveillance Regulation; and
(f) fulfil the other obligations laid down in the Regulation on market surveillance.
Supervisory authorities
(1) The supervisory authorities responsible for the procedure under the Market Surveillance Regulation and under this Act are:
(a) Czech Trade Inspection,
(b) the Czech Mining Office,
(c) State Energy Inspection,
(d) Office for Technical Standardisation, Metrology and State Testing,
(e) Ministry of Transport,
(f) the Rail Authority,
(g) regional sanitary stations;
h) State Institute for Drug Control;
(i) the central control and testing institute of agriculture,
(j) State agricultural and food inspection;
(k) Institute for State Control of Veterinary Bioprafts and Medicines,
(l) Czech environmental inspection,
(m) Punk office.
(2) The Annex to this Act lists the supervisory authorities referred to in paragraph 1, the European Union rules referred to in Annex I to the Market Surveillance Regulation and the legislation establishing the competence of each supervisory authority to exercise market surveillance on the products referred to in those European Union rules.
(3) Supervisory authority
(a) cooperate with other supervisory authorities, the central liaison office and the customs authorities of the Czech Republic;
(b) process the supporting documents for the national market surveillance strategy for products referred to in Article 13 of the Market Surveillance Regulation, its updating and evaluation; and
(c) fulfil the other obligations laid down in the Regulation on market surveillance.
Authorisation and obligations of supervisory authorities
(1) The supervisory authority is authorised, in addition to the exercise of an authorisation under the control rules and other legislation in the exercise of market surveillance on products
(a) require the operator to:
1. information on the supply chain and the details of the distribution network;
2. information on the quantity of the product checked on the market and on other models of the product having the same technical characteristics as the product checked, where relevant to establish the conformity of the product with the requirements laid down in the European Union rules referred to in Annex I to the Market Surveillance Regulation or in the legislation implementing it, as set out in the Annex to this Act ("the relevant Regulation"),
3. access to embedded software if such access is necessary to assess the conformity of the product with the requirements laid down in the relevant regulations;
4. information necessary to establish the ownership of the website, where this information is related to the subject of supervision;
(b) carry out tests or ensure that tests of products are carried out to verify compliance with the requirements laid down in the relevant regulations or risk assessment or to obtain evidence.
(2) State employees included in the supervisory authority and employees working in the supervisory authority in a basic employment relationship shall be entitled to use the concealment of their real identity when carrying out market surveillance activities.
(3) The supervisory authority is authorised to use, for the purposes of the exercise of supervision, any information, document, finding, declaration or knowledge related to the subject of supervision, regardless of the format and the medium on which they are stored or the place where they are stored.
(4) If the product does not comply with the requirements laid down in the relevant Regulation, the supervisory authority shall require the operator to reimburse the cost of the tests, the treatment of the sample or its storage.
(5) Where the supervisory authority has reasonable doubts that the product does not comply with the requirements laid down in the relevant Regulation or demonstrates this, it shall notify the notified person (2) or the notified body (3) which issued the document demonstrating the conformity of that product with the initiative to review or revoke the document.
Corrections measures imposed by supervisory authorities
(1) The supervisory authority shall impose corrective measures on the operator if it finds that, although the product is used in accordance with the intended purpose or under conditions which can reasonably be foreseen and is properly installed and maintained, it does not comply with the requirements set out in the relevant Regulation or may endanger the health or safety of users.
(2) The remedies are:
(a) the regulation to bring the product into conformity with the requirements laid down in the relevant Regulation, including the correction of formal non-compliance;
(b) the order eliminating the risk posed by the product;
(c) a prohibition on the making available on the market of a product;
(d) prohibit the placing into service or use of the product for operational use;
(e) the Regulation on withdrawal from the market or circulation and warning the public of the risk posed by the product;
(f) the Regulation on the destruction or degradation of the product;
(g) the regulation of product measures by warning in the Czech language against the risk which the product may pose;
(h) imposing provisional conditions for the making available on the market of the product;
(i) the imposition of an obligation to immediately, in an appropriate manner, warn the endangered end-user in the Czech language of the risk arising from the product; and
(j) the imposition of an obligation to remove from the online interface the content of a website offering a product which does not comply with the requirements laid down in the relevant regulation or which presents a serious risk, or to display warning warnings to end-users at the time of their access to the online interface unless the remedies can be achieved otherwise.
(3) Where an economic operator fails to comply with the remedies provided for in paragraph 2 (j) and where there is no other remedy, the supervisory authority shall require the information society service provider (4) to restrict access to the online interface or request a third party to take such action.
(4) The remedies provided for in paragraph 2 (g) to (i) may be imposed only if the product presents or may pose a risk only under certain conditions or for certain end-users only.
(5) The supervisory authority may impose on the provider of an online marketplace:
(a) removing specific content referring to the supply of a dangerous product from its online interface;
(b) preventing access to the supply of a dangerous product on its online interface; or
(c) an explicit warning to consumers about a dangerous product.
(1) The supervisory authority shall impose corrective measures on the operator in accordance with the procedure laid down in paragraphs 2 and 3.
(2) At the same time as the notification of the initiation of the procedure for the imposition of corrective measures, the supervisory authority shall allow the economic operator to comment on the grounds of the decision within a period not less than 10 working days from the date of receipt of the notification.
(3) Where there is a risk of delay on grounds of health, safety or other public interest, the supervisory authority shall take a decision on the imposition of corrective measures pursuant to Article 6 (2) (a) to (e) or (g) to (j), which is the first action in the proceedings. The decision may also be taken by the supervisory authority on the spot. In that case, the supervisory authority shall declare the decision orally and notify the economic operator in writing without undue delay. At the time of the oral publication of the decision, the supervisory authority shall issue on-the-spot a written certificate received by the operator.
(4) An appeal which has no suspensive effect may be brought against a decision imposing corrective measures in accordance with the procedure referred to in paragraph 3 or a modification thereof.
(5) The economic operator shall immediately inform the supervisory authority in writing of the means of redress.
(6) If the reasons for which a remedy measure has been imposed are omitted, the supervisory authority shall revoke or amend the decision imposing the remedy measures. In doing so, paragraphs 1 to 3 shall apply mutatis mutandis.
(7) The annual part of the decision to impose measures pursuant to Article 6 (5) shall include:
(a) the information needed to identify the supply of a dangerous product such as the exact internet address;
(b) the possible remedies available to the provider of the online marketplace and the operator providing the content; and
(c) an indication of the supervisory authority or other administrative authority to which the provider of the online marketplace is obliged to send information on how the measure is implemented.
Use of the information and communication system
Central liaison office, supervisory authorities and authorities The customs administrations of the Czech Republic shall use the information and communication system provided for in Article 34 of the Market Surveillance Regulation for the purposes of communication and communication with the central liaison offices, supervisory authorities and customs authorities of other Member States of the European Union.
Notification obligation
(1) The supervisory authority shall notify the Ministry of Industry and Trade of a product presenting a serious risk and the imposition of corrective measures concerning that product. This shall also apply in the event of a voluntary remedy measure to be taken by the economic operator and of which the supervisory authority receives information.
(2) For the notification of a product referred to in paragraph 1, the procedure laid down in another legislation5 shall apply.
Authorities of the Customs Administration of the Czech Republic
(1) The Directorate-General for Customs shall provide the supervisory authority with the following information at its request:
(a) identification details of the declarant, the consignee or the importer, the name and, where applicable, the names, and surnames, the place of residence or, where applicable, the business firm, or the name, registered office and identification number of the person, if assigned;
(b) a description of the product, including its trade name and type, according to its classification in the Combined Nomenclature listed in Annex I to Council Regulation (EEC) No 2658 / 87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended,
(c) the quantity of product expressed in volume, weight or number of units;
(d) information on the country of dispatch and the country of origin of the product, if known.
(2) The Directorate-General for Customs shall forward the information referred to in Article 25 (6) of the Market Surveillance Regulation to the European Commission and the Central liaison office.
(3) Where the customs office suspects that a product proposed to be placed under the customs free circulation procedure cannot be placed under that customs procedure because of non-compliance with the requirements laid down in the relevant Regulation or because of a serious risk to the health or safety of the end-user or other public interest, it shall notify the supervisory authority. This notification shall contain the information referred to in paragraph 1, a description of the suspected and the supporting documents.
(4) The provision of the information referred to in paragraphs 1 and 3 shall not constitute a breach of confidentiality under the tax rules.
Transfers
(1) An economic operator commits an offence by:
(a) fails to comply with the remedies imposed by the supervisory authority pursuant to Article 6 (1);
(b) in breach of Article 7 (1) of the Market Surveillance Regulation, does not cooperate with the supervisory authority on measures to eliminate or mitigate the risk of the product which it makes available on the market; or
(c) does not inform the supervisory authority of the remedy referred to in Article 7 (5).
(2) The economic operator referred to in Article 4 (1) and (2) of the Market Surveillance Regulation shall commit an infringement by:
(a) in contravention of Article 4 (3) (a) of the market surveillance Regulation, it shall not verify that an EU declaration of conformity or of product characteristics and technical documentation has been drawn up or retained for the period specified in the relevant Regulation;
(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 and documentation necessary to assess the conformity of the product in a Czech or other language which the supervisory authority understands;
(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, does not ensure that immediate measures are taken to eliminate a product's non-compliance with the requirements laid down in the relevant Regulation or to eliminate or mitigate the risk posed by the product; or
(e) in breach of Article 4 (4) of the Market Surveillance Regulation, it shall not indicate its name, registered trade name or registered trade mark or contact details, including the postal address, on the product or its packaging, on the package or in the accompanying document.
(3) An economic operator referred to in Article 4 (2) (c) of the Market Surveillance Regulation shall commit an infringement by failing to provide the supervisory authority with a copy of the mandate, contrary to Article 5 (1) of the Market Surveillance Regulation.
(4) The provider of an online marketplace shall commit an infringement by failing to comply with the measures imposed by the supervisory authority pursuant to Article 6 (5) or by not informing the supervisory authority of the manner in which that measure is implemented pursuant to Article 22 (4) of the GPSD.
(5) The information society service provider (4) commits an infringement by:
(a) in breach of Article 7 (2) of the Market Surveillance Regulation, does not cooperate with the supervisory authority; or
(b) fails to comply with the measures imposed by the supervisory authority pursuant to Article 6 (3).
(6) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence is referred to in paragraph 3;
(b) 500 000 CZK if the offence is referred to in paragraph 2, 4 or 5,
(c) 1 000 000 CZK where the offence referred to in paragraph 1 (b) or (c) is committed; or
(d) 50 000 000 CZK if the offence referred to in paragraph 1 (a) is committed.
(7) The Czech Trade Inspection Office, the Czech Mining Office, the Central Audit and Testing Institute of Agriculture, the Punk Office and the State Agricultural and Food Inspection Office collect the fine they have imposed.
(8) The fines shall be collected by the authority which imposed them.
Amendment to the Act on Technical Requirements for Products
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., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 155 / 2010 Coll., Act No. 34 / 2011 Coll., Act No. 100 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 91 / 2016 Coll., Act No. 183 / 2017 Coll.
1. in Article 18 (2) (a) and Article 18a (1) and (3), the words "or directly applicable to construction products" shall be deleted;
2. Sections 18b and 18c are deleted, including the headings and footnotes 4e and 4f.
Amendment of the Fertiliser Act
Section 13a of Act No. 156 / 1998 Coll., on fertilisers, soil aid substances, plant aid products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 490 / 2009 Coll. and Act No. 61 / 2017 Coll., including the title and footnotes No 16d, 16e and 16f.
Amendment to the Energy Management Act
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., Act No. 574 / 2006 Coll., Act No. 393 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 299 / 2011 Coll., Act No. 131 / 2015 Coll., Act No. 183 / 2017 Coll., Act No. 135., Act No. 318 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 103 / 2015 Coll., Act No. 131 / 2015 Coll.
1. in Article 12a (2) (c), the word "or" shall be added at the end of point 1;
2. in Article 12a (2) (c), point 2 shall be deleted;
Point 3 is renumbered point 2.
3. in Article 12a (2), the word "or" shall be added at the end of point (d).
4. in Article 12a (2), at the end of point (e), comma shall be replaced by a dot and points (f) and (g) shall be deleted;
5. Paragraph 13c (2) reads as follows:
"(2) The State Energy Inspection shall supervise whether energy-related products are placed on the market, put into service or further distributed in accordance with the requirements laid down in this Act or the Union provisions directly applicable to labelling and directly applicable Union ecodesign requirements. ';
6. Paragraph 13c (6) is deleted.
Amendment to the Packaging Act
Act No. 477 / 2001 Coll., on Packs and amending certain laws (Packing Act), as amended by Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 541 Coll., Act No. 444 / 2005 Coll., Act No. 66 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 149 / 2008 Coll., Act No. 183 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 62 / 2014 Coll., Act No. 64 / 2014 Coll., Act No. 243 / 2016 Coll., Act No. 298 / 2011 Coll.
1. in § 35, § 36 (d) and § 37 to 39, the words "safeguard measures, remedy measures" shall be replaced by the words "remedy measures under the Product Market Surveillance Act";
2. In Part One of the title of Title VI, the words, "REPEAL MEASURES 'are deleted.
3. Paragraph 43, including the title, reads:
Safeguard measures
(1) The Czech environmental inspection may prohibit the placing on the market or putting into circulation of packaging which does not comply with the requirements laid down in Paragraph 10 (1) or suspend the placing on the market or putting into circulation of such packaging, taking into account the nature and gravity of the infringement under this Act. In imposing this measure, the Czech Environmental Inspection Act provides for a similar approach to market surveillance of products.
(2) The appeal against the decision to impose measures pursuant to paragraph 1 shall not have suspensory effect. "
Amendment of the pyrotechnic Act
Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (the pyrotechnic Act), as amended by Act No. 229 / 2016 Coll. and Act No. 284 / 2021 Coll., is amended as follows:
1. Paragraph 56, including the title, reads:
Imposition of measures by the Office
(1) If, in the course of the performance of the activity referred to in Article 55 (2), the Authority finds that a pyrotechnic article does not comply with the requirements laid down in this Act, it shall impose on the economic operator or the person with professional competence the remedies provided for in the Market Surveillance Act.
(2) The Authority will impose remedies on the economic operator under Article 6 (2) (a) of the Market Surveillance Act on products if it finds any of the following deficiencies:
(a) the CE marking has been affixed to a pyrotechnic article in breach of Article 15 or the Union harmonisation Regulation (20);
(b) the CE marking has not been affixed to the pyrotechnic article;
(c) the identification number of the notified body, if involved in the production control, has been affixed to the pyrotechnic article in contravention of Section 15 or has not been affixed;
(d) the EU declaration of conformity has not been drawn up if required for the relevant conformity assessment;
(e) the EU declaration of conformity has not been drawn up correctly;
(f) the documentation required under the individual conformity assessment procedures referred to in Article 7 provided for in the Government Regulation is missing or incomplete;
(g) the information referred to in Article 19 (3) or Article 20 (5) is missing, incorrect or incomplete; or
(h) another requirement set out in Sections 18, 19, 20 or 21 has not been met.
(3) If the deficiency referred to in paragraph 2 is not remedied within the time limit laid down, the Office shall impose remedies on the economic operator pursuant to Article 6 (2) (c) or (e) of the Market Surveillance Act.
(4) The operator shall ensure that corrective measures are taken in respect of all the pyrotechnic articles concerned which he has made available on the market throughout the Union.
(5) If the Office has reasonable grounds for suspecting that a breach of obligations under this Act has or may be seriously jeopardised by the safety of persons or property, the person subject to the appeal shall immediately:
(a) prohibit the treatment of pyrotechnic articles; or
(b) order the partial closure of the premises in which such an obligation has been infringed.
(6) The imposition of the measures referred to in paragraph 5 shall be treated mutatis mutandis in accordance with Article 7 (3) of the Market Surveillance Act. '.
2. In Paragraph 57 (1), the words "invite without delay the relevant economic operator or person 'shall be replaced by the words" impose without delay on the economic operator or person under the Market Surveillance Act on products'.
Article 3 (58) and (60) shall be deleted.
4. In Paragraph 59, paragraphs 2, 6 and 7 are deleted.
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Regulation Information
| Citation | Act No. 87 / 2023 Coll., on market surveillance for products and amending certain related laws (Law on market surveillance for products) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2023 |
|---|---|
| Effective from | 06.04.2023 |
| Effective until | - |
| Status | Valid |
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