A Procedure For The Provision Of Information In The Field Of Technical Regulations

Original Language Title: postup při poskytování informací v oblasti technických předpisů

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339/2002 Sb.



REGULATION OF THE GOVERNMENT



of 3 July 2003. July 2002



the procedures for the provision of information in the field of technical regulations,

technical documents and technical standards



Change: 178/2004 Sb.



Modified: 25/2014 Sb.



The Government ordered pursuant to section 22 of Act No. 22/1997 Coll., on technical

requirements for products and amending and supplementing certain acts, as amended by

Law No 71/2000 Coll. and Act No. 205/2002 Coll. (hereinafter the "Act") to

implementation of section 7 of the Act:



PART THE FIRST



THE PROVISION OF INFORMATION IN RELATION TO THE MEMBER STATES OF THE EUROPEAN UNION AND

INSTITUTIONS OF THE EUROPEAN UNION



§ 1



The subject of the edit



(1) this regulation incorporates the relevant provisions of the European Union ^ 1),

at the same time builds on the directly applicable European Union regulation governing the

the area of European standardisation ^ 10) and modifies the procedure, scope and requirements

the provision of information on draft technical regulations, technical

documents and technical standards.



(2) subject to the provision of information in accordance with this regulation are

technical requirements on products or services, the rules for information

of the company (hereinafter referred to as the "service"), including the relevant decision or

measures of the administrative authorities or the institutions of self-government, which relate to the

requirements on products or to the rules for services. The obligation to

compliance with those requirements or rules on services in putting

product on the market, in the provision of services, when doing business providers

services or use in the Czech Republic can be determined directly

or indirectly. The subject of the provision of information and legal provisions and the

decisions or measures of the administrative authorities or the institutions of self-government

prohibiting the manufacture, importation, sale or use of a product or

prohibiting the provision or use of a particular service or business

the service provider.



(3) the indirect determination of the obligation, for the purposes of this regulation

the determination of obligations



and) in legislation or decisions or administrative measures

authorities or bodies of self-government, which refer to the technical requirements of the

or the rules on services, or to professional rules or rules

good practice referring to technical requirements or to rules for

service, and compliance with them is a prerequisite for compliance with the obligations

imposed by that legislation or decisions or measures

administrative authorities or organs of self-government,



(b)) in the treaties, in which the public authority is a Contracting Party, and

that in the public interest to provide for compliance with the technical requirements or with

the rules for services, with the exception of contracts concluded in accordance with the results of the

procurement under special legislation, "^ 1a)



(c)) in the legislation or decisions or administrative measures

authorities or bodies authorities containing the technical requirements, or

rules for services related to fiscal or financial measures

affecting the consumption of products or services by encouraging compliance with the

These technical requirements, with the exception of the provisions in the field of social

Security.



(4) this Regulation shall not apply to



and) technical regulations and technical documents



1. incorporate the legislation of the European Union,



2. transposing the obligations arising out of international agreements which result in the

the adoption of common technical specifications or rules on services in the

The European Union,



3. protective measures under special legislation, a ^ 2)



4. are measures in the presence of a dangerous product on the market in accordance with

special legal regulation, ^ 3)



5. are issued on the basis of the judgment of the Court of the European Union,



6. change of the technical regulation or technical document

carried out at the request of the European Commission (hereinafter referred to as "the Commission"),



7. contain the rules on services referred to in the annex to this regulation,



(b)) the legislation necessary for the protection of persons, in particular workers,

who use the products, provided that such legislation is

do not concern the technical requirements on products.



(5) an information society service, for the purposes of this regulation

any service provided by electronic means on an individual

user request to be filed by electronic means, provided

normally in return for payment; the service is provided by electronic means,

If the message is sent by means of electronic communications networks

and picked by the user of an electronic device for storing data.



(6) rule for services means the requirement of a general nature relating to

access to services and their operation, in particular the requirements concerning the

service provider, the services and the recipient of the service, if it is of the

the nature of this rule is obvious intent to regulate the service.



Details in the provision of information in the field of technical regulations and

technical documents



§ 2



(1) ministries, other central administrative authorities and the Czech National Bank in

the processing of draft technical regulations and technical documents (hereinafter

"the proposal") within its scope of Authority for standards,

Metrology and testing (hereinafter referred to as "the authority")



and shall forward the draft stage), when it can still be made

significant changes, at least within 100 days before the scheduled date of the

submit a proposal for approval, together with the



1. the notification of the reasons for which it is necessary to submit such a proposal,



2. information about the technical standard, if the proposal for reproduces the full text of the

international or European standards; in this case, it is not necessary

provide the text of the proposal,



3. the details of the legislation or other documents, if

It is their knowledge of the necessary for the assessment of the consequences of the proposal,



(b)) shall notify the evaluation and method of settlement of the comments or detailed

the opinions of the Commission or the Member States of the European Union (hereinafter referred to as the "Member

States "),



(c)) shall forward the draft again, if substantial changes are made in it;

substantial changes for these purposes means changes that fundamentally changes the

area or for the scope of the proposal, adding specifications or requirements

or tighten the requirements,



(d)) shall provide, without undue delay, approved technical regulation or

the technical document.



(2) if the proposal also covers the information obligation under

special legal regulation, legislation of the European přejímajícího

the Union, which includes the information referred to in paragraph 1, the notification shall suffice

under this special legislation, if such notification

expressly stated that, while the notification is in accordance with the law

Of the European Union. ^ 1)



(3) in the case of proposals that may restrict the placing on the market or use of a chemical

a substance, preparation or product for the protection of public health or

the protection of consumers or the environment, the competent administrative authority

the Office also passes either an overview of all the relevant information about the substance,

product or product and of known and available substitutes, or links

to them, if such data are available, and also communicate the predicted

effects on public health and consumer protection and the environment

together with an assessment of the risks of chemical substances, carried out in an appropriate manner in the

accordance with the General principles of the risk evaluation of chemical substances as referred to

in a separate piece of legislation. ^ 4) this provision shall not affect the

the provision of information in accordance with the specific legislation.



(4) the legal person responsible for ensuring the creation and issuance of the Czech

technical standards shall notify the Office of any requests, relating to the establishment

technical specifications or technical standards for specific products for the

the purpose of the processing of a draft technical regulation for these specific

products. The legal person responsible for ensuring the creation and certification of

Czech technical standards shall also reasons for drawing up

technical specifications or technical standards.



§ 3



(1) the information and documents provided pursuant to § 2 (2). 1, 3, and 4 passes

The Office of the Commission without undue delay.



(2) the information and documents supplied by the Commission, the authority shall, without undue

delay the competent Ministry, another central administrative office

or the Czech National Bank.



§ 4



(1) Ministry, other central administrative office or the Czech National Bank

do not submit for approval or does not approve the proposal within a period of 3 months from the date of

When the Commission receives the notification of the proposal; inform the Office

the competent Ministry, other central administrative office or the Czech national

the pot.



(2) the time limit referred to in paragraph 1 shall be extended to



and 4 months in the case of) a draft technical document, which takes the form of

Agreement, deliver to the Commission or a Member State proposal for a detailed

the opinion, which implies that the proposal may create technical barriers

trade,



(b)) 4 months in the case of the proposal containing the rules for services

deliver to the Commission or a Member State proposal for a detailed opinion from the

which shows that the proposal may create obstacles to the free movement of services

or the freedom of business service providers in the internal market

The European Union,



c) 6 months in the case of design, delivers to the Commission or a Member State to

the draft detailed opinion, from which it follows that the proposal may create

technical barriers to trade,



d) 12 months in the case of the proposal with the exception of rules on services, if

The Commission of its intention to propose or adopt legislation in this matter,



e) 12 months in the case of the proposal, including rules for the service, it shall notify the

The Commission that the draft concerns a matter which is within the scope of the proposal of the legal

the regulation submitted to the Council of the European Union,



(f)) of 18 months, if the Council adopts a common position on the European Union to

cases referred to in points (d) and (e)).)



(3) the time limit referred to in paragraph 2 (a). (d)), e) and (f)) may be terminated earlier, and

that's the date when the



and the Commission shall inform the Member States), it no longer intends to propose or

legislation or that its proposal or intent to take back, or



(b)), the Commission or the Council of the European Union adopts legislation in this matter.



(4) paragraphs 1 to 3 shall not apply to cases where the Ministry, another

the central administrative office or the Czech National Bank have demonstrable grounds

for the conclusion, that



and the Czech Republic) is for urgent reasons, occasioned by serious and

unforeseeable circumstances relating to the protection of public health

or safety, the protection of animals or plants, and in the case of the rules


for the services for reasons of morality, especially in the protection of minors,

forced in a very short time to prepare the technical provisions or

technical documents, or



(b)), Czech Republic, is for urgent reasons, occasioned by serious

the circumstances relating to the protection of the security of the financial system,

in particular, the protection of depositors, investors and insured persons forced to immediately

issue and establish rules for investment services.



(5) paragraphs 1 to 4 shall not apply to technical regulations and technical

the documents, which prohibit the production, if it does not prevent the free movement of goods, and

In addition to the technical regulations and technical documents referred to in section 1 (1). 3

(a). (c)).



§ 5



In each technical regulation or technical document that has been

notified in accordance with the legislation of the European Union, "^ 1") must be

the fact stated.



§ 6



cancelled



section 7 of the



Representation in the Standing Committee



The representative of the Czech Republic in the Standing Committee of the "^ 1") consisting of representatives of

appointed by the Member States is a natural person designated by the Office from among its

employees; the representative may exercise their functions to use other

experts or advisers.



PART THE SECOND



THE INFORMATION PROVIDED ON THE BASIS OF INTERNATIONAL TREATIES



§ 8



The provisions of section 2 (2). 1 (a). and leading the provisions and paragraph) 1

It shall apply mutatis mutandis to the procedure of the ministries, other central administrative

authorities, the Czech National Bank and Office in providing information on

technical regulations, technical documents and technical standards

in relation to the countries with which it negotiated an international agreement, which is

Czech Republic tied. ^ 5)



PART THE THIRD



The EFFECTIVENESS of the



§ 9



This Regulation shall enter into force on the date of entry of the Treaty of accession of the Czech

Republic to the European Union.



The President of the Government:



Ing. Zeman in r.



The Deputy Prime Minister



and the Minister of industry and trade:



doc. Ing. Gregr in r.



Annex.



The rules for the services to which this regulation does not apply



This Regulation shall not apply to rules for services



1. which are not specifically aimed at information society services,



2. in the area of electronic communications, according to a special legal

Code ^ 6)



3. in the field of securities pursuant to specific legislation, ^ 7)



4. related to the activities subject to mutual recognition referred to in

special legal regulation, ^ 8)



5. related to the insurance and reinsurance activities referred to in

special legal regulation, ^ 9)



6. issued by



and regulated markets) or for regulated markets under special laws

regulations, ^ 7)



(b)) other markets or authorities or for other markets or authorities for

regulated markets be carried out clearing or settlement functions,

with the fact that for the cases by this point remains the obligation to send the

the final text of the proposal within the meaning of section 2 (2). 1 (a). (f)).



1) European Parliament and Council Directive 98/34/EC on the procedure for

the provision of information in the field of technical standards and regulations and of rules

for information society services, as amended by regulation of the European

Parliament and of the Council (EU) no 1025/2012 of 25 June. October 2012.



1A) Law No 40/2004 Coll., on public procurement.



2) § 7a of Act No. 64/1986 Coll., on Czech commercial inspection, as amended by

Act No. 22/1997 Coll. and Act No. 205/2002 Sb.



3) section 6 of Act No. 102/2001 Coll., on general product safety.



4) Act No. 157/1998 Coll., on chemical substances and chemical preparations

and amending certain other acts, as amended.



5) of the agreement establishing the World Trade Organization (WTO), the renowned under no.

191/1995 Sb.



6) Act No. 127/2005 Coll., on electronic communications and

some related laws (Act on electronic communications)

in the wording of later regulations.



7) Law No. 591/1992 Coll. on securities, as amended

regulations. Law No. 15/1998 Coll., on the Securities and Exchange Commission and about the change and

supplement other laws, as amended.



8) Law No 21/1992 Coll., on banks, as amended.



9) Act No. 363/1999 Coll., on insurance and amending certain

related laws, as amended.



10) European Parliament and Council Regulation (EU) no 1025/2012 on European

standardisation, amending Directives 89/686/EEC and 93/15/EEC and directives

The European Parliament and of the Council 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC,

98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC, and 2009/105/EC, and amending

repealing Council decision 87/95/EEC and decision of the European Parliament and of the

No 1673/2006/EC.

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