Act No. 91 / 2016 Coll.
Act amending Act No. 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended, and certain other laws
Valid
Law
Effective from 15.04.2016
91
THE LAW
of 3 March 2016
amending Act No 22 / 1997 Coll., on Technical Requirements for Products and amending and supplementing certain laws, as amended, and certain other laws
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. 186 / 2006 Coll., Act No. 229 / 2006 Coll., Act No. 481 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 490 / 2009 Coll., Act No. 155 / 2010 Coll., Act No. 34 / 2011 Coll., Act No. 100 / 2013 Coll. and Act No. 64 / 2014 Coll., is amended as follows:
1. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) The system of Czech technical standards consists of:
(a) the original Czech technical standards;
(b) European or international standards adopted by translation; and
(c) European or international standards adopted in the original language or approved for direct use. "
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
2. in Article 7 (7), the comma at the end of point (b) shall be replaced by a dot and points (c) to (e), including footnote 11, shall be deleted;
3. Paragraph 11 (7) is deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
4. In Section 11, the following paragraph 10 is added:
"(10) The provisions of paragraphs 1 to 9 shall apply unless otherwise provided for in this directly applicable regulation.
17) Commission Regulation No 920 / 2013 on the appointment and supervision of notified bodies under Council Directive 90 / 385 / EEC on active implantable medical devices and Council Directive 93 / 42 / EEC on medical devices. '
5. Article 11b reads:
(1) A legal person who has been annulled or suspended by a final decision of the Office shall:
(a) inform all economic operators concerned of this decision of the Office without undue delay;
(b) to transfer, upon request by the economic operator concerned by the consequences of this Decision, the rights and obligations relating to conformity assessment, including a subsequent verification of compliance with the requirements under which the certificate or other document was issued to the authorised person designated by the economic operator, to the relevant documentation, and to inform the Office of the transfer of rights and obligations, including the transmission of the documentation,
(c) ensure that the relevant documentation relating to the activity of an authorised person is made available to the Authority or the supervisory authority on request, for as long as the Authority has provided it with this Decision.
(2) Certificates or other documents relating to conformity assessment, misissued by an authorised person prior to the revocation or suspension of an authorisation decision, and not cancelled by it, are entitled to revoke an authorised person who has taken over the rights and obligations referred to in paragraph 1 (b), or the supervisory authority, if they are found to be erroneous on market surveillance.
(3) An authorised person who has taken over the rights and obligations referred to in paragraph 1 (b) shall be entitled to use the supporting documents from the transferring authorised person to complete the completed conformity assessment cases or to subsequently verify compliance with the conditions under which the certificate or other document was issued.
(4) Where an authorised person intends to terminate or restrict his or her activities, he or she shall, before withdrawing the authorisation decision or suspending his or her effectiveness, transfer rights and obligations to another authorised person; paragraph 1 (b) shall apply mutatis mutandis.
(5) In the event of the disappearance of a legal person who is an authorised person, it shall, before the disappearance, transmit the relevant documentation relating to the activity of the authorised person to the Office. ';
6. footnotes 12 to 14 are deleted.
7. The following Section 11d is inserted after Section 11c:
The notification of bodies authorised to carry out activities of a notified body in the assessment and verification of the constancy of performance of construction products bearing the CE marking, the rights and obligations of those bodies, their control and penalties for the infringement of their obligations, and the procedure for the suspension, restriction or withdrawal of notification, including information obligations relating to notification, shall be governed by the law on conformity assessment of the specified products when making them available on the market. ';
8. In the second sentence of Paragraph 18a (2), "3 'is replaced by" 10'.
9. In Paragraph 18a (4), "distribution 'is replaced by" circulation'.
10. in Article 19a, paragraph 6 is deleted;
Paragraph 7 shall become paragraph 6.
11. in Article 19a (6) (b), the words "or (6) (a)" shall be deleted;
12. in Article 19a (6) (c), the words "or paragraph 6 (b), (c) or (d)" shall be deleted;
Transitional provision
Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 22 / 1997 Coll., as effective before the date of entry into force of this Act.
Amendment of the Trade Act
In Article 3 (3) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 356 / 1999 Coll., paragraph (l), including footnotes No 22 and 22c, the following text is added:
"(l) the activity of authorised or accredited persons (22) and notified bodies (22c) in the field of state testing;
22) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
22c) Act No. 90 / 2016 Coll., on the conformity assessment of specified products when making them available on the market. '.
Amendment of the Mining Act, Explosives and State Mining Administration
In Article 40 (5) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended by Act No. 376 / 2007 Coll., point (e), including footnote 18f, read:
"(e) carry out the tasks of the supervisory authority under the Act on the conformity assessment of specified products when they are delivered to a market of 18f) in the case of explosives for civil use;
18f) Paragraph 49 (1) of Act No. 90 / 2016 Coll., on the conformity assessment of specified products when making them available on the market. '
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 91 / 2016 Coll., amending Act No. 22 / 1997 Coll., on Technical Requirements for Products, and amending and supplementing certain laws, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2016 |
|---|---|
| Effective from | 15.04.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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