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
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
(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
(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
(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.
(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.
(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
(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
(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
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.
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
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
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.
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.
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