22/1997 Coll.
LAW
of 24 July 2003. January 1997
on technical requirements for products and amending and supplementing certain
the laws of the
Change: 71/2000 Sb.
Change: 102/2001 Sb.
Change: 205/2002 Sb.
Change: 226/2003 Coll. (part)
Change: 205/2002 Coll. (part), 226/2003 Coll. 277/2003 Coll.
Change: 229/2006 Sb.
Change: 186/2006 Sb.
Change: 481/2008 Sb.
Change: 490/2009 Sb.
Change: 155/2010 Sb.
Change: 281/2009 Sb.
Change: 34/2006.
Change: 100/Sb.
Change: 100/2013 Coll. (part)
Change: 100/2013 Coll. (part)
Change: 64/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
TECHNICAL REQUIREMENTS FOR PRODUCTS AND THE ACCREDITATION OF CONFORMITY ASSESSMENT BODIES
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the
and the setting of technical requirements) the way to products that could
increasingly endanger the health or safety of persons, property or
the environment, where appropriate, other public interest (hereinafter referred to as "authorized
interest in "),
(b) the rights and obligations of the parties), they place on the market or distributed,
indicate, where applicable, putting into service, products which could increasingly
jeopardise the legitimate interest; This is without prejudice to the provisions of the Special
legislation for the operation of the products, "^ 1")
(c)) the rights and obligations of persons responsible for the activities under this Act,
that is associated with the formation and application of Czech technical standards or
discretions,
(d)) way to ensure the information obligations associated with the formation of
technical regulations and technical standards, resulting from international
contracts, and the requirements of Community law.
(2) this Act regulates the following a directly applicable regulation
Of the European communities ^ 1a) the accreditation of conformity assessment bodies (hereinafter referred to
"accreditation").
(3) this law also regulates the following a directly applicable regulation
The European Union ^ 10) (hereinafter referred to as "directly applicable code for construction
products ") performance of State administration in connection with the marketing and distribution
construction products defined directly applicable code for construction
products (hereinafter referred to as "building products with the CE marking") on the market, including
supervision of the obligations set out in a directly applicable regulation
for construction products and impose penalties for their violation.
§ 2
Basic concepts
For the purposes of this Act, means the
and any thing) the product has been manufactured, mined or otherwise
acquired regardless of the degree of processing and is intended for placing on the
the market as a new or used,
(b)) indicating the product on the market the first delivery of the product on the market within the business
the activity, which means the transfer or offer to forward the product
or transfer of ownership of a product for distribution,
use or consumption in the market of the European Union, subject to specific
the law provides otherwise. For marketed products shall be manufactured or
imported for operating own business needs of manufacturers or
importers and products provided for re-use, if before
by reusing the assessed compliance with the legislation, if it
provides for the regulation of the Government. If necessary, government regulation specifying
the concept of placing on the market of the products to which this technical regulation
applies,
(c) putting the product into operation) the moment when the product is first used
by the user in the Member States of the European Union for the purpose for which it was
constructed; If so determined by government regulation, the product is put into
traffic at the moment is this use of the prepared or provided.
If the product is put into operation at the workplace, ^ 1b) by a
means an employer
(d)) by the manufacturer, the person who produced or even just proposed product, and in
the cases provided for by regulation of the Government whether or not the person who assembles, packages,
handles or indicates the product under the responsibility under this Act
and who intends to place on the market under his name or trademark
Mark; for the manufacturer, if so provided by the product or group of products
Government Regulation, is also considered a person who modifies a product already referred to
on the market in such a way that may affect its compliance with the relevant
the technical requirements,
e) importer of person established in the Member State of the European Union, which shall indicate the
on the market for a product from a non-Member State of the European Union,
f) authorised representative person established in a Member State of the European
the Union, which is a producer received a written mandate to act for him in the light of
the requirements arising from this Act for the manufacturer,
g) distributor of the one who supplies products in the supply chain to
the market,
h) technical requirements on the product
1. the technical specifications contained in legislation, technical
document or technical standard, which sets out the required
characteristics of the product, such as levels of quality, utility,
safety and dimensions, including the requirements for its name, under which the
sold, editing, terminology, symbols, testing and test
methods, requirements for packaging, marking or labelling of the product,
procedures for assessing the conformity of the product with the law or with the technical
standards, production methods and processes that have an impact on the characteristics of the
products,
2. other requirements necessary in order to protect a legitimate interest or
consumer protection relating to the life cycle of the product after
is placed on the market or put into service, for example. terms of use,
recycling, re-use or disposal of the product, where such
conditions can significantly influence the composition or nature of the product, or its
placing on the market or putting into service,
I) certification, legal entity, that Member State was
The European Union communicated to the authorities of the European Community and all the Member
States of the European Union as the person in charge of the Member State of the European Union
the activities in the assessment of the conformity of products with the technical requirements,
j) operator, the manufacturer, importer, distributor and the authorised
representative.
TITLE II
TECHNICAL REGULATIONS AND TECHNICAL STANDARDS
§ 3
Technical regulations and technical documents
(1) the technical regulation for the purposes of this Act is the legislation
containing technical requirements for products, where appropriate, the rules for
services or regulating the obligations upon the placing of a product on the market, or
putting into service, use of the product, or in the provision or establishment of
services or banning the production, import, sale or use of a
the product, or use of, the provision of services or establishment.
(2) a technical document for the purposes of the fulfilment of reporting obligations
According to § 7, means a document which contains technical requirements for
product, and is not a technical regulation within the meaning of paragraph 1 or
the technical norm, and that could create a technical barrier
trade.
§ 4
Czech technical standards
(1) the Czech technical standard is a document approved by the designated legal
person (section 5) for repeated or constant use created under this
law and tagged alphabetic designation, whose release was announced
in the journal of the Office for standards, metrology and
testing (hereinafter referred to as "Journal of the Office"). Czech technical standard is not
generally binding.
(2) the name of the Czech technical standard and labelled with the CSN may not be
used to indicate the other documents.
(3) the Czech technical standard provides for General and repeated use of
rules, guidelines or characteristics for activities or their results,
to reach the optimal arrangement in defined
context.
Section 4a
Harmonised technical standards and specified standards
(1) the Czech technical standard becomes a harmonised the Czech technical
norm, takes over the full requirements of the European standard, or
harmonisation document that recognise the institutions of the European Community
as a harmonised European standard or the European standard, which was
as a harmonised European standard was established in accordance with the law
Of the European communities, by mutual agreement the notified persons (hereinafter referred to as
"harmonised European standards"). For the specification of technical requirements
the products, resulting from the Government or any other competent
technical regulation, the Office may, for technical standardization, metrology
and State testing (hereinafter referred to as "the authority"), in agreement with the ministries and
other central administrative authorities, the scope of the
area refers to, specify the Czech technical standards, technical standards, or
the technical documents of international organizations, as appropriate, of foreign
or other technical documents, containing more detailed technical
requirements (hereinafter referred to as "standards").
(2) the Office shall announce in the Gazette of the Office the harmonised the Czech technical
standards, specified standards and their modification or cancellation. The notification will also
technical regulation to which such standards relate.
(3) to comply with the harmonised the Czech technical standards, specified by the standards or
compliance with international technical standards used to transpose in the Member States
The European Union harmonised European standard, or to meet their part of the
shall be considered to the extent and under the conditions laid down in the technical regulation
for the fulfillment of the requirements defined by the technical regulations, to which the
by those standards or parts thereof. If the institutions of the European
the community of harmonised European standards or the Office of the designated
the standards they conclude that compliance with those standards or parts thereof cannot be
continue to be considered as meeting the requirements of the technical regulations, the Office shall notify
in the Gazette of the Office those harmonised the Czech technical standards or intended
standards to which this refers to.
(4) the Office publishes in the Gazette of the Office link to European standard
published according to the law of the European communities ^ 1b) Commission of the European
the communities in the official journal of the European communities, that meets the
the conditions of this directive.
§ 5
The security of Czech technical standards-making
(1) the creation and publishing of Czech technical standards, changes and cancellation
stay within the limits of this Act guarantees the State.
(2) the Ministry of trade and industry (hereinafter referred to as "the Ministry") may
delegate to the legal entity making the assurance and certification of Czech
technical standards, changes and cancellation (hereinafter referred to as "designated legal
person "). This credential is non-transferable. For a period, after which this
the credentials are valid, this activity may be responsible for other legal
person. The granting of credentials is not a legal right.
(3) the Ministry decides about the credentials of a legal person on the basis of its
request. Assess in particular whether the applicant will be able to meet the
all the conditions laid down in this law.
(4) if the authorized legal person does not fulfil the conditions laid down in this
the law and the decision on credentials or if requested, the Ministry of
cancels the credential.
(5) a decision on the credentials of a legal person, as well as the cancellation of this
the decision shall be published in the form of the communication Ministry in the collection of laws
Of the Czech Republic.
(6) if they are not making and issuing of Czech technical standards, their
changes and cancellation of the secured responsible legal person secures the
fulfilment of its tasks the Office. The Office shall in that case be entitled to select a
the professional activities of a security-related issue and proper
the distribution of Czech technical standards. These activities and the amount of
remuneration shall lay down by Decree of the Ministry.
(7) the costs of the production of Czech technical standards shall be borne by the person who requests the
their processing. The cost of the production of Czech technical standards,
mainly Czech technical standards transposing European standards,
processed on the basis of the request of the ministries or other Central
administrative offices and the costs associated with membership in international and
the European standardisation organisations are paid by the State.
(8) the Czech technical standards or parts thereof released on any medium
may be, if a special law ^ 9) provides otherwise, reproduced and
disseminated without the consent of the authorised legal entities or, under the conditions
laid down in paragraph 6, with the consent of the authority.
§ 6
The conditions for the creation and issue of Czech technical standards
In the creation and publishing of Czech technical standards, their changes and
cancellation must be provided the conditions laid down in the decision on the credentials
which are particularly
and timely publication of notices about) upcoming proposals, the Czech
technical standards, their release, changes and cancellation in the Office
b) uniformity and consistency of Czech technical standards and their
compliance with the law,
(c) use of existing degree) development of science and technology,
(d) the application of the protection of legitimate interest),
e) fulfilment of obligations arising from international agreements, which is
Czech Republic tied, from membership in international and European
standardisation organisations and the exploitation of the results of the international
cooperation,
(f)) review of the draft Czech technical standards, its modification or revocation
Anyone who, within the time limit set out in the published notice of initiation
processing design of Czech technical standards or on the proposal to amend the
the cancellation of the Czech technical standards for signs of the person referred to in this
notice, or with anyone who will send its opinion to the published
the draft within the time limit set in the notice of its publication,
g) cancellation of the Czech technical standards, which has been discussed by the letter
(f)), if the conditions laid down in subparagraphs (b) to (d))),
h) a proper distribution of Czech technical standards issued and amendments to the
two weeks after the delivery of the order.
§ 7
Information obligations
(1) information about the proposal and the draft technical regulation or technical
document their changes or additions, which are the subject of the information
duties to the Member States of the European Union and the institutions of the European
the community or information obligations resulting from international
the Treaties Bureau of the Ministry, other central administrative authorities, Czech
National Bank, authorities of territorial self-governing units, the Government, if the
expressed on draft technical regulations, which is not the applicant, and
the case of the technical documents whether or not the person, if they are entitled to is
issue under special legislation.
(2) information obligations relating to Czech technical standards
ensures authorized legal person (§ 5 para. 2). The method of their implementation
determined by the Government Regulation.
(3) technical regulation or technical document may be submitted for
approval or approved before expiry of the deadline for the submission of comments
set by the Government, saying that the period of suspension of work on the preparation of the
technical regulation or technical document, within which it is to occur
decision on the approval or the preparation of harmonized regulation
Of the European communities, may be extended under the conditions laid down
the Government.
(4) the authority as the information point provides
and the notification of technical regulations) or technical documents according to the
paragraph 1,
(b) information on foreign) draft technical regulations and
technical documents and on foreign-related documents
providing procedures for providing information to the publication in the Gazette
The Office,
c) informing the authorities of the European Community on the issue of technical
provisions transposing the directive, if the European Community, and the sending of
the texts of these technical regulations, the authorities of the European Community,
(d) the methodological guide the single presentation) information and
the range in accordance with the instructions and procedures of the Commission of the European Community and the
the international treaties.
(5) as a basis for the content of the technical regulation can only be used
a technical standard that has been adopted in accordance with the procedures
set out in government regulation.
(6) the Government may by regulation provide for a procedure, the scope and requirements
provision of information relating to technical regulations, technical
documents and technical standards.
(7) the authorities of the European Community Announces, as appropriate, to the competent
authorities of the Member States of the European Union, in particular
and the opinions to determine) that the provisions of harmonised European standards
does not conform to the essential requirements set out in the regulations of the European
community, or other facts relating to the harmonised
European standards or other documents and related measures
the application of the provisions of the European communities,
b) person in charge according to § 11 the activities of conformity assessment pursuant to
Government regulation transposing law of the European communities, changes,
suspension and revocation of the credentials
(c)), for which, to verify that they meet the requirements on notified body
set directly applicable code for construction products,
d) suspension or revocation of authorization to carry out the activities set out in
assessment and verification of constancy of performance of construction products with
the CE marking (hereinafter referred to as "the activities of the notified body"),
e) facts and information ^ 11) that assumes the directly applicable
Regulation for construction products, if not in § 11 c and 18 c unless otherwise specified.
(8) the Ministry announces the institutions of the European Community, or
the competent authorities of the Member States of the European Union of the decision of the authorities
surveillance on the imposition of a safeguard measure ^ 1 c) for specified products (section 12)
the grounds set out in the regulations of the Government. Notification of the institutions of the European
the community on protective measures applied in other Member
States of the European Union passes the Department of supervisory authorities.
(9) the supervisory authorities shall be notified to the Ministry and the Office of the decision imposing a
protective measures for established products; part of this notice
must always be the definition of threats to the legitimate interest of the reasons set out
Government regulations issued pursuant to § 12 para. 1 (b). (e)), for which it was
protective measures saved.
§ 8
cancelled
TITLE III
STATE TESTING
§ 9
State testing
State testing is a set of activities carried out by the authority and the persons
authorized under this Act, whose purpose is to protect the products
provided for under this Act, the assessment of their compliance with technical
the requirements laid down by the regulations of the Government (hereinafter referred to as "conformity assessment") and in
construction products with the CE marking assessment and verification of constancy of their
properties by directly applicable regulation for construction products.
§ 10
Certification
(1) Certification under this Act is an activity
and carried out by an authorised person) in the range defined by the technical
Regulation, or
(b) the accredited persons) to be carried out on request of the manufacturer, importer or
another person,
When issuing a certificate which certifies that a product or activity
related to its manufacture, with its repeated use are the
accordance with the technical requirements set out in the certificate.
(2) certificates issued by a notified body are used in assessing the
conformity according to § 13 para. 1, the certificates issued by the accredited person can be
use of conformity assessment pursuant to § 13 para. 1 only in cases where it is
the conformity assessment shall be entitled to the manufacturer, importer or other person.
§ 11
Authorization
(1) authorization for the purposes of this Act, the credentials of a legal
the person to the activities of conformity assessment of products, including the assessment of
activities related to their production, or with their repeated
use, and defined in the technical regulations (hereinafter referred to as "the authorized
person "). Authorization for the activity under this Act grants in
defined the scope of the authority decision on the basis of a request, which must be
accompanied by evidence of compliance with the conditions laid down in this Act authorization
and regulations of the Government. In the case of an application for authorization to the conformity assessment for
products laid down by regulation of the Government is part of the request, the description of the procedures and
other activities in the conformity assessment. The Office ensures compliance with
a single procedure the authorized persons in their activities.
(2) the Office shall issue the certificate of authorization, if the applicant for the authorization
meets all the conditions for the proper operation when assessing
conformity established by regulation issued by the Government to the implementation of the law. If
Government regulation does not provide for these conditions, the Office shall issue a decision on the
authorization if the applicant meets the necessary conditions of authorization, which
are
and) level in relation to the conformity assessment process
(b)) the absence of financial or other interests that might influence the
the results of the activities of a notified body,
(c) facilities to its own devices) technical and administrative capacity
and accessibility to equipment for a special assessment,
(d) the existence of the necessary number of employees) with training,
knowledge and skills,
(e) the commitment of employees to the) existence of non-disclosure of facts
which are taught in the activities of a notified body.
When deciding on the authorization, you can use the findings established in the
Accreditation (section 14 to 16).
(3) the authorized person is required to immediately after delivery of the decision on the
authorization to conclude the Treaty on liability insurance.
(4) the Office shall monitor whether the authorized persons shall comply with the provisions of this
law and Government Regulation. When requesting information and documentation
perform a check of the authority or the person cannot claim participation
the provision of information and documents that have the authority or the participation of persons
in the implementation of previous checks received in connection with the implementation of
If no authorization to change their content.
(5) if the notified body does the obligations laid down in this Act
or, on the basis of a change in the facts on the basis of
a decision on authorization lapses if the need for the existence of
an authorised person or authorised person so requests, the authority
shall decide on the
and suspension) certificate of authorization,
(b)) change the certificate of authorization, or
(c) the cancellation of an authorization decision).
(6) in the decision to suspend the effectiveness of the certificate of authorization by
paragraph 5 (b). the Office shall specify a time limit) to rectify the situation. If the location
the notified body shall inform the redress without undue
delay of the Office. Where the Office finds sufficient redress cancels
the decision to suspend the effectiveness of the certificate of authorization. If
the authorized person fails to remedy within the prescribed period, the Office shall decide on the
change or cancellation of an authorization decision.
(7) in the case of cancellation of an authorization decision is authorized by the person
required after the legal force of the decision to pass the Office any
documents relating to the conformity assessment carried out by that person. In
event of a change or suspension of the certificate of authorization is effective
the authorized person shall after the legal force of such a decision
pass the documents under the first sentence of the authority, if the authority so requests.
(8) the Authorization, their scope and changes shall be published by notice in the
Journal Of The Office.
(9) an authorized person shall become the notified persons notice
pursuant to § 7 para. 7 (b). (b)) or, in the cases provided for by regulation of the Government
the deadline of the notification if the European Commission or
the other Member States of the European Union raised objections within this period
against that notice, and may practise the notified body from the
date of receipt of communication from the Office that they have been notified.
(10) if it results from an international contract, they can perform the tasks
authorized persons whether or not foreign persons notified under this agreement,
that Office shall publish the information in the Gazette of the Office with the delimitation of the scope of the
their activities in the assessment of the conformity of products.
§ 11a
Authorized persons
(1) an authorized person shall ensure the activities in the range as defined in
an authorization decision.
(2) an authorized person shall be required to
and to conclude, on the basis of the draft) the manufacturer or importer, or any other person
contract for the execution of operations according to the established procedure for conformity assessment
within twenty days or to announce the conditions for the implementation of such operations,
(b)) when the technical regulations and conformity assessment carried out
technical determine objectively with professional care at the level of
knowledge, science and technology, known at the time when they are executed,
c) in the cases and within the limits set by regulation of the Government
1. issue a certificate or other document, if you follow
the appropriate conformity assessment procedure has been demonstrated that the product complies with
the technical requirements laid down in the Decree of the Government under section 12
paragraph. 1 (b). (b)); the validity of this certificate or another document
an authorized person may restrict, suspend, or
2. calling the manufacturer to take appropriate corrective measures if
the authorized person in the course of the assessment of conformity or subsequently established that the
the products do not meet the technical requirements laid down in the relevant regulation
Government pursuant to § 12 para. 1 (b). (b)),
3. provide copies of certificates or other documents, including
related documents and information on the issue, refusal, amendment or
cancellation of certificates or other documents of the Office to the competent authority
surveillance, notified or to other persons whose activities are referred to
documents relating to the
4. inform the authority of any request of the supervisory authorities relating to the
conformity assessment activities,
5. inform the authority on request, assessment activities carried out by them
of conformity and any other activities, including
cross-border activities and subcontracting.
(d) notify without delay to the Office) cases where they cannot ensure compliance with the
the conditions laid down for the exercise of the authorization,
(e) immediately to the supervisory authority) report that a product might compromise or
threatens the legitimate interest, if it finds in the performance of its activities.
(3) an authorized person shall be entitled to cancel or change issued
certificate or other document issued by them, if it is established that the
the facts have changed, under which they have been issued, in particular where it is found
that the products do not comply with the requirements of the technical regulations that apply to them
apply, where appropriate, to extend the scope of the competent
technical regulation the certificate, if not changed
the matters for which it was issued.
(4) If the authorized person receives a complaint pursuant to § 18 para. 3, is
to re-examine the certificate or other document issued under section 11a
paragraph. 2 (a). c) point 1 and of the outcome of the review to submit to the supervisory authority
message.
section 11b
Notified bodies
(1) a legal person may perform the activities of a notified body, if in the
proceedings in the Office and initiated at the request of proof that it meets the
requirements for a notified body, which shall lay down the article. 43 directly applicable
Regulation for construction products. Request for permission
to carry out the activities of the notified body (hereinafter referred to as the "permissions") lays down the
article. 47 directly applicable regulation for construction products.
(2) if the applicant has demonstrated compliance with the requirements referred to in paragraph 1, the authority
be made within 90 days from the notification of the initiation of the proceeding pursuant to § 7 para. 7 (b).
(c)), and inform the applicant accordingly; otherwise, the request will be rejected. The time limit
in the first sentence by the Office may be extended for a further 30 days in
If the applicant proves its competence of other
in a way, than through the certificate of accreditation.
(3) if the Commission or any of the Member States of the European Union
does not directly applicable within the period prescribed by a regulation for the construction
products ^ 12) against the notice referred to in paragraph 2, the authority shall issue to the applicant an objection
no later than 2 working days from the expiry of the document granting the
permission ^ 13). Subsequently, the Office shall publish in the Gazette a notice of the authority
granting permissions, including the permissions, date range, from which it can
body to carry out the activities of the notified body identification number
the notified body under directly applicable regulation for the
construction products and the numbers and dates of issue of the document granting the permission.
(4) if the Commission or a Member State of the European Union
raises in the time limit set by a directly applicable regulation for construction
products ^ 12) against the objection of a notification under paragraph 2, the Office shall
the applicant, to take appropriate measures to remedy deficiencies, and
provide it with a reasonable period to do so. Delete-if the deficiencies in the
the specified time limit, it shall inform the Authority without undue delay. If
The Office concludes that the applicant remedy the deficiencies, redo the
the notification referred to in paragraph 2. If the applicant the deficiencies within a specified period
does not remove, the Office shall reject the application.
(5) the Office shall monitor whether the notified body ^ 14) complies with the obligations and
notified body meets the requirements set by the directly applicable
Regulation for construction products. If the notified body does not comply with
obligation or does not satisfy the applicable requirements, the authority referred to in
the seriousness of these requirements, the permissions of the notified body
partially or completely
and) suspend, or
(b)).
(6) an appeal against a decision of the Office of the suspension or cancellation of the
permission does not have suspensory effect. The Office shall decide on the suspension or
cancellation of permission also at the request of a notified body. The notice of
suspension or revocation of permissions, the authority shall publish in the Gazette of the Office.
(7) the decision to suspend the time limit for permissions
remedy the situation. If the notified body shall remedy, shall communicate this
the fact without delay to the Office. If the Office finds that a lack of
axles for sufficient, the decision to suspend permission lifted.
If the notified body fails to remedy within the prescribed period, it shall decide
The authority to revoke privileges.
(8) in the event that it has been legally cleared to a notified body of his
permissions, this body shall deliver to the authority all documents,
concerning the implementation of the activities of the notified body. In the case of
the final suspension of the privilege is the notified body shall transmit the
documents under the first sentence of the Office, if the Office is called upon to do so.
(9) The notified bodies not covered by articles 11 and 11a.
(10) the authority shall ensure that the notified bodies are regularly informed about the
the subject and the results of the deliberations of the Group of notified bodies, established by the
by directly applicable regulation for construction products, or to
meetings of this group could participate in representative of notified bodies.
§ 11 c
Technical assessment bodies
(1) the Ministry may appoint a legal person on the basis of its application
exercise of the activities of the body for technical assessment ^ 15) if it meets the
the requirements directly applicable code for construction products.
(2) the Ministry checks whether the subject for the technical assessment of the
complies with the obligations and requirements set out directly applicable
Regulation for construction products. In the event that the subject for the technical
the assessment of these obligations and fulfil the requirements, the Department cancels its
credentials to pursue the activities of a body for technical assessment.
(3) the Ministry in accordance with the directly applicable legislation for construction
products announces the European Commission and the Member States of the European Union the name
and address of the authorized body for technical assessment and the product group,
for which the body is entrusted to the technical assessment of any change
These data, as well as the cancellation of designation. The Ministry further informs
The European Commission on the national procedure for the determination of
technical assessment, on the control of their actions and the eligibility and
any change to this information.
Conformity assessment
§ 12
the title launched
(1) the Government shall lay down regulations
and) the products which pose an increased degree of risk to the legitimate interest of
and for which, therefore, must be evaluated by the match (hereinafter referred to as "specified
products "); ministries and other central administrative authorities may, exceptionally and
in the public interest, for example, for the removal of consequences of the accident or
natural disasters, decide that for the duration of this public interest
a particular product is not considered a fixed product,
(b)) laid down the technical requirements for products, these products
meet to be placed on the market or put into service, and changes
the provisions of the regulations (technical regulations) issued by the
ministries and other central administrative authorities if they originated
conflict with the regulations of the Government,
c) which of the products and the conditions under which must or may
When placing on the market and/or put into service, bear the laid down
the Government Ordinance (hereinafter referred to as the "specified denomination"),
(d)) the definition of the categories of persons or persons engaged in or
involved in the conformity assessment
(e) the reasons for the threat to legitimate interest), which is the imposition of safeguard
measure 1a) on defined ^ products notified under § 7 para. 8,
f) transitional period, in which they can be placed on the market, or to
operation defined products not complying with the technical requirements laid down
under subparagraph (b)), if they correspond to the legislation of the Member State
The European Union,
g) content of the information on protective measures to be forwarded to the authorities
The European Community, where appropriate, to other persons in the range defined by the
the law of the European communities relating to conformity assessment,
h) other details, if they are necessary for the takeover legislation
Of the European communities relating to the conformity assessment.
(2) the products referred to in paragraph 1 shall be considered as always (i) products
which are placed on the market as a used or refurbished.
(3) the Government adjusts the regulation set out for each group of products
Depending on their technical complexity and extent of the potential danger
associated with their use, the conditions for the marketing of products,
where applicable, putting into service, or for their reuse, including
the procedures and operations which must be fulfilled in conformity assessment (hereinafter referred to as
"conformity assessment procedures"), or a combination of instantiations
the various conformity assessment procedures. Individual assessment procedures
matches are particularly
and conformity assessment) under certain conditions, the manufacturer or importer
(b)) the conformity of the sample (prototype) of the product by a notified body,
c) conformity assessment, in which the authorized person be tested in specific
product features and checks compliance with the established
the requirements for products,
(d) assessment of quality of production) or of the elements of the quality system in
the company notified body and implementation supervision of its ordinary
functioning,
e) assessment of quality of products or elements of the quality system in
the company notified body and implementation supervision of its ordinary
functioning,
(f)) to verify the conformity of the products with a certified product type or
requirements, carried out by the manufacturer, importer, accredited
or the authorized person on every product or statistically selected
of the sample,
g) verification of compliance with the established requirements of each product
by a notified body,
h) overseeing the proper functioning of the quality system in the enterprise, the authorized
person and, if necessary, verification of the conformity of the product with the requirements of
technical regulations in the product design stage,
I) assessment of the activities related to the manufacture of the products,
j) different conformity assessment procedures, where necessary, including
where appropriate, the activities of accredited or other persons.
(4) If a government regulation transposing the provisions of the European communities, and in
conformity assessment procedures referred to in paragraph 3 is provided for the participation of
authorized persons, this activity carried out by the notified body,
where appropriate, the persons whose permission to activities of conformity assessment
results from an international treaty that the Czech Republic is bound.
(5) the costs associated with the activities of a notified body in the conformity assessment
shall be borne by the person who asked about this activity. The price for these performances is arranged
According to a special regulation. ^ 2)
(6) the Government provides for the graphic design of the designations provided for
the product, its design and location on the product or in the accompanying
documentation, if there is no indication provided for graphic design of product
established by a regulation of the European communities directly applicable.
section 13 of the
the title launched
(1) provided for the product may be placed on the market or, for products
laid down by regulation of the Government, put into operation only, provided that the
It meets the technical requirements laid down pursuant to § 12 para. 1 (b). (b)),
conformity assessment procedure referred to under § 12 para. 3 and if they are
compliance with the conditions referred to in paragraph 2. If the importer prior to launch
established product on the market and only considers or has reason to believe that
This product does not meet the technical requirements laid down pursuant to § 12 para.
1 (b). (b)) and, moreover, threatens the health, informs you of products
laid down by regulation of the Government of the competent supervisory authority and the manufacturer.
(2) provided for the product, if it is to be placed on the market or putting into service,
must or may be to the extent and under the conditions laid down by regulation of the Government
equipped with a fixed sign, other markings, and, if so determined by the
Government Regulation, it must be released or are accompanied by the EC declaration of
conformity or other document.
(3) the CE marking on the product indicates that the product meets the
all of the technical requirements set out in the regulations of the Government, that the
it and that this designation provide for or allow you to, and that was
in the assessment of its conformity-fulfilment of a specified procedure.
(4) the mark of conformity, which consists of the letters of the CCZ, can only be used for
products not subject to the regulations of the European communities. This
the mark indicates that the product meets the technical requirements laid down in
all the Government regulations that are applicable to it and that this designation
provide for or allow you to, and that was followed in the assessment of its conformity
procedures laid down.
(5) if it is determined product bears the CE marking, must not be concurrently
marked with the Czech brand of conformity, or a brand that the meaning or
the form could lead to confusion with the CE marking, or other specified
the designation.
(6) If so provided by the Government, the manufacturer or the importer or the
another person provided for by regulation of the Government shall be required to provide on the basis of
request copies of certificates or other documents including related
documents of the authority or an authorized person, or laid down
foreign persons.
(7) the evidence of conformity assessment in the scope of the regulations the Government is
the manufacturer or importer in a period of 10 years after the end of production, imports
or placing on the market provide the supervisory authority on request. This time
may be determined by regulation of the Government by way of derogation.
(8) the obligations of the manufacturer or importer referred to in § 13, details of which
provides for the regulation of the Government, may within the scope of regulation of the Government to fulfil the
also the authorized representative.
(9) the Distributor is obliged to act to prevent the distribution of
provided for products that clearly do not meet the requirements of the Act, in particular
products which do not bear the designation laid down and other
markings. For products set by regulation of the Government, distributor shall not
placing on the market provided for the product with which it considers or has reason to
believe that does not meet the technical requirements laid down pursuant to § 12 para. 1
(a). (b) in addition, the set). If a product endangers health, shall inform the
the distributor of the competent supervisory authority, the manufacturer and the importer.
(10) the manufacturer or the importer of the products shall be laid down by regulation of the Government and
having regard to their nature and the risks that these products represent,
measures to protect the health and safety of persons.
(11) the manufacturer, importer or distributor, who believes or has reason to
to believe that provided for the product, which he introduced on the market or supplied,
does not meet the requirements of this Act or the regulations issued by the Government to its
the implementation is required to for the products laid down in regulation the Government do
the necessary measures to bring that product into conformity with these
requirements, download the product from the market or recall the product set,
that has already been delivered to the user; In addition, if established by a product endangers
health, the manufacturer, importer or distributor shall immediately inform the
the competent supervisory authority.
(12) the manufacturer, importer, distributor or authorised representative must keep
for products set by regulation of the Government data necessary to identify the
of all the economic operators who have submitted to him as determined by product and
that handed the set product.
(13) an importer or distributor shall ensure that the products set out in the regulation
Government storage and transport conditions which do not pose compliance
provided for the product, which intends to bring or ship on the market with the requirements of
of this Act.
(14) if the product meets the conditions set out in sections 12 and 13, shall not be
prevented from putting on the market or the putting into service of the
to protect the legitimate interests of the special legislation does not provide for
otherwise. Without prejudice to the provisions of the special law. ^ 2a)
(15) paragraphs 1 and 2 shall not apply to construction products with the CE marking,
the placing and making available on the market adjusts the directly applicable provision for
construction products.
13 13a
cancelled
§ 13b
If the Government provides under sections 12 and 13 of the requirements that
do not report the requirements laid down by the relevant legislation of the European
the community, the following requirements shall not apply to products which have been
manufactured or placed on the market in a Member State of the European Union
or Turkey or originate in any of the States of the European
free trade, which are also party to the European
economic area, provided that such product is
and technical rules), which are for the manufacture or placing on the market,
where appropriate, for the use of this product in one of these States
binding,
(b)) technical standards or rules of practice that are released
national standardisation body or entity equivalent Department built,
in accordance with the laws and requirements of the State which is a Contracting
a party to the European economic area,
(c)), the international technical standards, legitimately used in one of the
of those States, or
d) traditional or innovative production methods used in any of the
those States, in accordance with its legislation, for which there is
sufficiently detailed technical documentation to ensure that this product
can be assessed for the purpose of use, if necessary, on the basis of
additional (not identical) product tests,
If these technical regulations, technical standards, codes of good practice
or how to guarantee protection for the legitimate interest of the
This protection in the Czech Republic.
§ 13 c
If the construction product with the CE marking is placed or made available on the market in the
The Czech Republic, the Declaration of performance must be provided to the
This product and the instructions and safety information connected to this
product in the Czech language.
TITLE IV
ACCREDITATION OF CONFORMITY ASSESSMENT BODIES
§ 14
Accreditation
The performance of the resulting from the regulations for the Czech Republic
Of the European communities ^ 1a) provides for a range of accreditation, and performs the
By the Ministry.
§ 15
Accreditation body
(1) the Ministry may by decision to entrust the performance of
accreditation body ^ 1a) only one legal entity (hereinafter referred to as
"accreditation body").
(2) the Ministry shall decide on credentials to conduct accreditation on the basis of
the application of the legal entity. In defining the scope of the decision of the Ministry of
the implementation of the accreditation. Assesses whether the legal person will be able to
to meet the requirements of the accreditation body, provided for directly applicable
Regulation of the European communities "^ 1a).
(3) meets the accreditation body of obligations or ceases to comply with the
the requirements laid down in the applicable legislation of the European right
Community ^ 1a) or the decision on credentials or if it
requests, the Ministry decision to amend or revoke the credentials.
(4) a decision on the credentials to perform the accreditation and the decision to change
or cancellation of this decision shall be published in the form of the communication Ministry
in the collection of laws.
section 16 of the
Accreditation
(1) for accreditation shall act at the request of a conformity assessment body
accreditation body. Accreditation and the existence of privilege Act
as an accredited conformity assessment body to the extent granted by the accreditation
shall be evidenced by a certificate of accreditation (hereinafter referred to as the "certificate").
(2) the request shall, in addition to the General requirements for filing, contain a range of
conformity assessment activities for which accreditation is to be granted (
"accreditation"). The accreditation body may request further
information or documents if they are required to assess the extent of the
accreditation is necessary.
(3) the accreditation body shall grant accreditation conformity assessment body, that
demonstrates that he meets the requirements for the implementation of specific activities
conformity assessment, which lays down a harmonised standards or other
documents valid for the area of conformity assessment (hereinafter referred to as "accreditation
requirements "). When examining an application will take into account the accreditation body shall also
an earlier accreditation that have been granted to the same entity assessment
of conformity. If a conformity assessment body accreditation requirements,
the accreditation body shall by decision of accreditation request will be rejected.
If you cannot do so without delay, and it is the accreditation body shall be required to
the application decide not later than 120 days from the commencement of the proceedings. In a particularly
complex cases, this time limit may be extended by a further 90 days.
(4) the conformity assessment body shall be obliged to pay the accreditation body
actually incurred costs associated with accreditation, and even as a deposit.
If a conformity assessment body to pay a deposit in the time provided for
accreditation body, the accreditation body shall control stops.
(5) the certificate contains a designation of the accreditation body and the body
the scope of the conformity assessment, accreditation, granted by enumeration
the harmonized standards or other documents used in the assessment of
applications for accreditation, and the period of validity of the accreditation. The certificate must also
contains the number of the certificate, the date of preparation, the imprint of the official stamps,
name, last name, job title, and signature of the authorized official persons. The certificate shall be
on request, the issue also in a foreign language. Notification of the award of accreditation is
published in Journal of the Office. The accreditation body shall publish the information on the
Accreditation also manner allowing remote access.
(6) the accreditation body inspects the conformity assessment body subsequently,
at his expense, filling the accreditation requirements. If accreditation
authority finds that the conformity assessment body meets the accreditation
requirements on the basis of his accreditation was granted by the Council,
suspension of accreditation, and shall provide for redress. If
a conformity assessment body fails to remedy within the prescribed period,
the accreditation body shall decide on the restriction of the scope of accreditation or
the cancellation. If the accreditation body shall decide on the restriction of the scope of accreditation,
the conformity assessment body shall issue the corresponding certificate replacement
the previously issued certificate. For the decision on suspension or cancellation
Accreditation applies to paragraph 5 of the fourth and fifth sentences accordingly.
(7) the accreditation body shall decide on the request of a conformity assessment body
and expansion of the scope of accreditation,)
(b) the restriction of the scope of accreditation,)
(c)) the extension of the accreditation granted by the
(d) valid certificates issued by the merge) for the same assessment body
conformity,
e) suspension of accreditation,
f) cancellation of accreditation, or
g) annulment of the decision on the suspension of accreditation.
In proceedings on an application referred to in subparagraphs a) to (d)), and (g)) shall be treated in accordance with
paragraphs 1 to 5 apply mutatis mutandis; new certificates are replaced by a previously released
the certificate. The request referred to in subparagraph (c)) must be filed no later than 120 days
before the expiry of a granted accreditation. In proceedings referred to in point (a)
d) makes use of the accreditation body of documentation of management decisions on applications for
accreditation. Unless the accreditation body, that the effects of the new
the decision, which upheld the request, according to letters a) to (f)), there are
at other times, defending the legal force of this decision the effects of past
decision. At the request of a conformity assessment body shall record the accreditation
other changes to the information in the file and issue a new certificate.
(8) on an appeal against a decision to refuse accreditation body
applications for accreditation, on the suspension of accreditation, on the abolition of
accreditation, rejecting an application for extension of the scope of accreditation, on the
rejection of the application for renewal of accreditation granted and
rejection of the application for annulment of the decision on the suspension of accreditation
shall be decided by the Ministry. On appeal against other decisions and
resolution of the accreditation body shall act statutory authority accreditation
authority. The appeal does not have suspensory effect.
(9) if the accreditation body receives a complaint about the activities of the body
conformity assessment, which has issued a certificate, is obliged to investigate and to
60 days from the date of receipt of the complaint to the complainant to submit a report on the results
the investigation. If the complaint is found to be substantiated, it is the accreditation body
shall, without delay, take the necessary measures to remedy referred to in paragraph
6. In this case, replace the conformity assessment body accreditation
the authority actually incurred costs associated with the investigation of the complaint.
§ 17
Public service agreement on accreditation
The accreditation body may conclude a conformity assessment body
public service contract for accreditation, to extend the scope of the
accreditation, a limitation of the scope of accreditation, on the extension of
granted by the accreditation or merge valid certificates issued for the same
a conformity assessment body. Public service agreement supersedes the procedure for
dealing with the request pursuant to section 16 para. 1 or § 16 para. 7 (b). and), (b)),
c) or (d)). For public service contracts, § 16 para. the second sentence of § 16
paragraph. 3, the second sentence of § 16 para. 4 first sentence and article 16(1). 5, 6 and 9
apply, mutatis mutandis. Proposal for the conclusion of a contract governed by public law to extend the
the validity of the granted accreditation body must be filed no later than 120
days before the expiry of a granted accreditation.
TITLE V OF THE
COMMON PROVISIONS AND TRANSITIONAL
section 18
Supervision
(1) Supervision over whether the specified products are placed on the market and
or put into service in accordance with the requirements laid down by this law, whether
they are building products with the CE marking are reported and made available on the market in the
accordance with a directly applicable regulation for construction products, whether
operators shall carry out their obligations under this law and the
directly applicable code for construction products and that the products are not
illegally procured CE marking according to the directly applicable legislation
Of the European communities ^ 1a), or other prescribed marking provided for in
This Act is performed by the Czech trade inspection ^ 4), or to the extent
provided for by specific legislation
and) the Czech mining Office ^ 4a),
(b) the rail authority) ^ 4b),
(c)), the Office, so a special law shall lay down the
(hereinafter "the supervisory authority").
(2) the supervisory authorities can
and perform analyses or ensure) analyses to verify whether
products meets the requirements of this Act or a directly applicable regulation
for construction products; perform these analyses shall be ensured by the
the competent authorities or persons; If the analysis found that the product
does not meet the requirements of this Act or a directly applicable regulation for the
building products, the costs of the implementation analysis of the controlled
person,
(b) the controlled persons) within the prescribed period, to eliminate
weaknesses, their causes and consequences, or to
delete them immediately to implement the necessary corrective measures,
(c) the controlled persons) to save the obligation to inform without delay
the risk of persons who may be exposed to risk stemming from
of the product.
(3) the supervisory authority may, if it has a reasonable doubt, that the specified product
does not meet the technical requirements laid down in the relevant regulation of the Government
According to § 12 para. 1 (b). (b)), to request from an authorized person information
and documents relating to the conformity assessment of the product, including the
a certificate issued under section 11a. 2 (a). (c)) (1), technical
documentation and records of the tests. In addition, the supervisory authority may give the
authorized person of the initiative to review the certificate issued under section
11A. 2 (a). (c)), point 1. In the event that it is established that set out
the product does not meet the requirements referred to in the first sentence, the supervisory authority shall communicate the
the fact of the authorized person. At the same time it can save to
remove the certificate issued under section 11a. 2 (a). (c)), point 1.
(4) if the supervisory authority Has reasonable doubt that a construction product with
the CE marking does not comply with the requirements laid down a directly applicable regulation
for construction products, it may require from the competent notified body
information and documents related to the assessment and verification of constancy of the
the properties of this product, including the issued certificate, technical
documentation and records of the tests. If the supervisory authority finds that the
the construction product with the CE marking does not comply with the requirements referred to in paragraph 1,
It shall inform the notified body which took part in the assessment and
verification of constancy of performance of this product.
(5) if in the right-to-use regulation for construction products is talking about
competent national authority ^ 16), it is this authority in the Czech Republic
the supervisory authority.
§ 18a
Protective measures
(1) where the supervisory authority has reasonable grounds for believing, that the product does not meet the
the requirements of this Act or the regulation directly applicable for construction
products, it disables the placing on the market, putting into service or distribution
the product or batch of products at the time required to perform the check.
(2) the supervisory authority shall notify the imposition of measures pursuant to paragraph 1 by word of mouth
the controlled person and shall immediately make a written record of it.
If the controlled person with the stored measures, against him
to file the opposition, which shall be entered in the record, or may submit in writing
not later than 3 days from the date on which the person was controlled with a record
familiar. The supervisory authority shall decide on the submitted objections without delay.
A written copy of the decision on the objections shall be forwarded to the controlled person.
The decision on the objection is not admissible.
(3) If the supervisory authority establishes that the product does not meet the requirements of this
law or directly applicable regulation for construction products or
This is a product that is unduly affixed CE marking or other
the designation laid down pursuant to this Act or directly applicable
Regulation for construction products, the decision on the prohibition of the placing on the market,
putting into operation or distribution of such a product. If you pass away
the reasons for the imposition of a ban, the supervisory authority shall decide the change or
the cancellation. The appeal against the decision referred to in the first sentence does not have suspensory
effect.
(4) where the supervisory authority determines that a product or product series
represents a threat to legitimate interest, the supervisory authority shall decide on the download
the product or batch of product from the market or from the distribution. The supervisory authority may
at the same time, if necessary, order the destruction of a product or product series
or require another form of depreciation. The appeal against the decision in accordance with
the first sentence does not have suspensory effect.
(5) in the case of the imposition of measures pursuant to paragraph 3 or 4 of the supervisory authority
indicate in the preamble to decision always also grounds for the imposition of
the measures, which are for the intended product defined by regulation of the Government.
section 18b
The obligation of notification
(1) the supervisory authorities are required to notify the Ministry of action
relating to the product or batch of product in cases where the product
represents a serious risk ^ 4e). This also applies in the case of measures that
adopt a controlled person on its own initiative and the supervisory authority receives
information on this measure.
(2) the information provided by the Ministry include all available
details, in particular the data necessary for the identification of the product, its
origin of the supply chain, the product presents a risk,
the nature and duration of the measures taken by the supervisory authority and, where appropriate, information
the voluntary measures taken by the controlled person.
(3) if the risk referred to in paragraph 1 exceeds the territory of the Czech Republic,
The Ministry is obliged to inform about the occurrence of such
product to the Commission of the European communities.
(4) if the Ministry Receives from the Commission of the European communities the information
on the adoption of measures on the product, or a series of products posing serious
risk, it shall transmit this information without delay to the authorities to
the next procedure.
(5) to ensure the functioning of the system for the exchange of information under paragraphs 1 to
3, mutatis mutandis, a special law governing the procedures, the content of the
and form of information on the occurrence of dangerous non-food products ^ 4f).
(6) the staff of the competent ministries and authorities shall be required to
maintain the confidentiality of any information relating to the products and the acquired
within their areas of competence, with the exception of the information which must be
published in the interest of protecting the health and safety of consumers and in the interest of
ensure effective control of the market and the activities of the supervisory authorities.
(7) paragraphs 1 to 6 shall not apply to construction products with the CE marking.
§ 18 c
Provision of information on the construction products with the CE marking
(1) where the supervisory authority finds that the construction product with the CE marking
does not meet the requirements set by the directly applicable code for construction
products, or that the product represents a threat to legitimate interest,
and non-compliance can also compromise the legitimate interests of bodies in the Member
States of the European Union, it shall inform the European Commission and the competent
authorities of the Member States of the European Union.
(2) if the supervisory authority will adopt towards the building of the product with the CE marking
the measures referred to in section 18 para. 3 or 4, it shall immediately inform
The European Commission and the competent authorities of the Member States of the European Union.
(3) the scope of the information provided under paragraphs 1 and 2 shall provide for directly
applicable code for construction products.
(4) if the supervisory authority Receives from the European Commission or by the competent authority
Member State of the European Union, announcing the adoption of measures against
the building of the product with the CE marking, it passes this notification shall immediately
The Ministry. Together with this notice shall provide the supervisory authority
The Ministry of all the information about the non-compliance of the product with the requirements,
a directly applicable regulation laid down for building products, which has to
available, and inform the Committee of any measures in connection with the
This product has already received. The Ministry provides this information
together with any objections to the measures that have been taken
the competent authorities of the other Member States of the European Union, it shall immediately
The European Commission and the competent authorities of the Member States of the European Union.
Administrative offences
§ 19
Misdemeanors
(1) a natural person has committed the offence by
and) exploited the CE marking, or other established indications, certificate or
other document under this Act or a directly applicable regulation for the
building products, or a certificate or other document under this
directly applicable law or regulation for construction products falsification
or amend it,
b) contrary to section 4 (4). 2 marks the document tag CSN, or
c) multiply or expands the Czech technical standard or its part in
contrary to section 5 (3). 8.
(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 20 000
EUR and for the offense referred to in paragraph 1 (b). (b)), or (c) a fine of up to 1,000)
000.
§ 19a
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) exploited the CE marking, or other established indications, certificate or
other document under this Act or a directly applicable regulation for the
building products, or a certificate or other document under this
law or directly applicable regulation for construction products falsification
or amend it,
b) contrary to section 4 (4). 2 marks the document tag CSN,
c) multiply or expands the Czech technical standard or its part in
contrary to section 5 (3). 8,
(d)) performs a conformity assessment activity, dedicated for the purposes of this
the law authorized the person without authorization pursuant to section 11 (1) 1,
e) contrary to section 16 para. 1 acts as an accredited body
conformity assessment accreditation granted without or outside the scope of the granted
accreditation,
f) fails to comply with any of the protective measures issued under section 18a of para. 1,
3 or 4, or
g) fails to comply with any of the obligations imposed by the supervisory authority pursuant to section 18 of the
paragraph. 2 (a). (b)), or (c)).
(2) the authorized person is guilty of an administrative offense that fails to comply with
any of the requirements under section 11 (1) 7 or § 11a. 2.
(3) the manufacturer, importer or distributor, the authorised representative commits
the administrative offense by indicating on the market or putting into service or
distributes provided for products
and) without the CE marking, or other established indications or document
established by regulation of the Government, or
(b)) with a sign or document, that are in breach of section 13.
(4) a legal entity or individual entrepreneur is committed by the administrative
tort as
the importer fails to comply with an obligation) in accordance with § 13 para. 1 the second sentence,
(b) fails to comply with any of the) distributor obligations pursuant to § 13 para. 9,
(c) the manufacturer or importer fails to comply with) any of the requirements pursuant to § 13 para.
10,
(d)) the manufacturer, importer or distributor fails to fulfil any of the obligations
According to § 13 para. 01 m
(e)) the manufacturer, importer, distributor or authorised representative fails to comply with
the obligation pursuant to § 13 para. 12, or
f) fails to comply with the obligation of importer or distributor pursuant to § 13 para. 13.
(5) a legal entity or individual entrepreneur is committed by the administrative
tort as
and) the manufacturer, importer or authorised representative by the directly applicable
Regulation for construction products fail to fulfil one of the obligations under the directly
the applicable regulation for the construction products, or
(b) the distributor by directly applicable) Regulation for construction products
fails to fulfil any of the obligations under the directly applicable regulation for the
construction products.
(6) a legal person commits an administrative offense, by
and) contrary to section 11B(2). 1, the activities of the notified body without
permissions,
(b)) as a notified body fails to comply with any of the information obligations
notified body of directly applicable legislation for construction
products,
(c)) as a notified body in breach of directly applicable legislation for
construction products shall issue the certificate directly without meeting the conditions under
the applicable regulation for the construction products, or
(d) fails to comply with the obligation to restrict) to suspend or withdraw the
the certificate according to the directly applicable regulation for construction products.
(7) an administrative offense shall be fined in the
and $ 50 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (f))
or g) or paragraph 1 (b). f) or (g)), or to paragraph 3,
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). a), (d))
or (e)), or (b) of paragraph 6. and)
(c) $ 1 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (b)) or
(c)), paragraph 2 or to paragraph 6 (b). b), c) or (d)),
d) 500 000 CZK in the case of an administrative offence referred to in paragraph 4 or 5.
§ 19b
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine to take account of the seriousness of the administrative offense,
in particular, the way a criminal offence and its consequences and to the circumstances in
which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 3 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences pursuant to § 7 para. 1 (b). (b)), and (c)), section 19(a)(1). 1
(a). b) to (e)) and § 19 para. 2 and 6, in the first instance dealt with the Office.
Administrative offenses in accordance with § 19 para. 1 (b). § 19a), para. 1 (b). and (f)))
and (g)) and section 19(a)(1). 3, 4 and 5 dealt with the supervisory authority.
(5) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
section 20
Control
The administrative authority shall decide on the procedure for authorization within 120 days of the
the initiation of proceedings. In exceptional cases, it may be the procedure for authorization
extended by the Ministry for a further 60 days.
section 20a
Persons who engage in activities under Title III or title IV of
This Act, are required to keep confidential within the meaning of the specific
legislation ^ 8) about the facts, which are brought to their attention during these
activities and whose disclosure could endanger the interests of other people.
section 20b
Provisions of the Act relating to relations with the Member States of the European
the Union, regarding whether or not relations to States of the European free
trade that are at the same time a party to the European economic
space.
section 21
Transitional provisions
(1) on the specified products placed on the market before the entry into force of the regulation
the Government issued in accordance with § 12 para. 1 subject to the provisions prevailing at the time
their placing on the market, unless the law expressly provides otherwise.
(2) the existing technical standards identified and in force on the effective date of the
This Act shall be construed as standards under this Act.
(3) legal or natural persons entitled to business activities and
the administrative offices are in 31. December 1999 are required to comply with those
provisions of the standards, which are marked as mandatory pursuant to § 3 of the law
No 143/1991 Coll., as amended by Act No. 634/1992 Coll., if the binding nature
the relevant provisions of the standards set on the basis of the opinions
ministries and other central administrative authorities, authorize exceptions
from the binding force of those provisions of this Ministry or other Central
administrative offices.
(4) the proceedings initiated pursuant to section 29 of Act No. 30/1968 Coll., on the State
testing, as amended, shall be completed by
the existing regulations.
(5) the Authorization granted in accordance with the existing regulations on the State
testing shall be deemed to authorize under this Act for a maximum
period of two years from the effective date of this Act.
(6) the procedure for the approval and certification of products launched before the acquisition
the effectiveness of this law, the effective date of this Act, stop,
If the manufacturer or importer, the State testing laboratory in the meantime do not agree
otherwise. If government regulation issued under this law shall lay down the
the assessment of conformity with the involvement of a notified body shall assess the authorized
person match the appropriate product in accordance with the conformity assessment procedure
specified by the competent government regulation without application, using
the previous findings. In other cases, it passes the State service
the results of the findings to the applicant.
(7) the decision on approval of the products or product certification issued by the
According to the existing legislation on State testing for their
the validity of certificates proving a match considered to be within the meaning of this
the law and may be used as the basis for the Declaration of conformity pursuant to §
in article 13(3). 2 of this Act. The validity of the decision expires
the period referred to therein. If it is not listed in these decisions, the time
validity, expiry of their term of validity shall expire five years from the effective
of this Act.
(8) an accreditation certificate issued before the effective date of this Act,
The Czech Institute for accreditation shall remain in force for a period of time in them
referred to, if not repealed by this Act.
section 22
A mandate
The Government issues regulations to implement section 2 (a). b), c), (d)), section 3 (2). 2, § 7,
§ 11 (1) 1, 2 and 9, section 11a. 2, § 12, 13 and § 18 para. 3.
PART TWO
AMENDMENT TO CERTAIN LAWS
TITLE I OF THE
CHANGE and the addition of the CZECH NATIONAL COUNCIL ACT No. 64/1986 Coll., on CZECH
COMMERCIAL INSPECTION, AS AMENDED by ACT of the CZECH NATIONAL COUNCIL No. 241/1992 Coll.
Article 23 of the
The Czech National Council Act No. 64/1986 Coll., on Czech commercial inspection
the text of the Czech National Council Act No. 241/1992 Coll., amending and supplementing
as follows:
1. In article 2 (2). 2 (a). (f)) is replaced with a comma at the end of a period and the following
the letter g) including notes # 1a) is inserted:
"(g)) that has been issued a declaration of conformity for the specified products placed on the
the market, whether the properties of the specified products placed on the market and
conformity assessment requirements correspond to the defined conditions issued by the
the Declaration of conformity. ^ 1a)
1A) Law No. 22/1997 Coll., on technical requirements for products and on the
amendments to some laws. ".
2. In Note No ^ 1) footnote is deleted:
"The law no 143/1991 Coll., on the Czechoslovak technical standards.".
3. section 4, paragraph 4. 1 (b). (d)):
"d) subscribe for compensation of persons needed samples of products
or goods to assess the quality and safety of those products or goods.
For samples of products or goods are controlled, the person shall provide the
refund equal to the price at which the product or the goods at the time of
sample offers. The compensation shall not be granted if it
controlled person gives up. There is no entitlement to a refund in respect of the product
or the item that does not meet the requirements laid down by special provisions ".
4. In section 4, paragraph 4. 1 (b). (e)) at the end of the dot is replaced by a comma and the following
(f)), including notes # 1b) is added:
"(f)) to enter into objects of the manufacturer, importer or distributor and require
the submission of the relevant documentation and the provision of truthful information.
The manufacturer, importer or distributor can be an inspector called to him
ensure and submitted a professional representation of an authorised person to the subject
supervision, or oversight can the inspector authorized person, for the payment of
invite. The price for the performance of authorized persons is arranged according to a special
^ 1b) of the code.
1B) Act No. 526/1990 Coll., on prices, as amended by Act No. 135/1994 Coll. ".
5. in paragraph 7, the following paragraph 7a is inserted:
"§ 7a
(1) the Director of the Inspectorate is entitled to save by decision of producers,
the importer or the Distributor to the trade measure is
and) suspension of the placing of a product or its production areas on the market for
specified period of time in case of suspected danger of serious health threats
or safety of persons, property or the natural environment (hereinafter referred to as
"legitimate interest"),
b) prohibition of the placing the product or its production areas on the market or
the decision to withdraw those products from the market, or from the use of the
the case, in which products are demonstrably can compromise the legitimate interest,
(c) the determination of obligations in an efficient manner) without delay inform about this
the risk of persons who may be exposed to risk stemming from
the product, and in cases in which protective measures was imposed
According to subparagraph (a)) or subparagraph (b)).
(2) the appeal lodged against the decision on protective measures does not have suspensory
effect.
(3) the costs associated with the implementation of protective measures shall be borne by the person who
products-threatening legitimate interest on the market.
(4) if the failure to comply with inspectors by the manufacturer, importer or
the distributor shall bear the costs related to the supervision and with the activities of
authorized persons of the manufacturer, importer or distributor. ".
6. in section 17(2). 1, the words "a fine or a fine" are replaced by
the words "a fine, fine or protective measures".
TITLE II
CHANGE and the addition of the CZECH NATIONAL COUNCIL ACT No. 20/1993 Coll., on the
SECURITY PERFORMANCE OF STATE ADMINISTRATION IN THE FIELD OF TECHNICAL STANDARDISATION,
METROLOGY AND STATE TESTING
section 24
The Czech National Council Act No. 20/1993 Coll., on the State's security performance
management in the field of technical standardisation, metrology and State
testing, shall be amended and supplemented as follows:
1. In paragraph 2, point (d) deleted), in subparagraph (c)), the comma is replaced by
dot.
2. Part two:
"PART TWO
The scope of State administration bodies in the field of technical standardisation,
Metrology and State testing
§ 3
The Ministry in the field of technical standardisation, metrology and State
testing
and draws up a proposal for the design) development of this sector,
b) controls the authority and Czech metrology Institute,
(c)) shall decide on appeals against decisions of the Office. ^ 2)
§ 4
The Office in the field of technical standardisation, metrology and State
testing
and manages and secures the Metrology) to the extent provided by law ^ 3)
Federal Office for standardization and measurement,
(b)) provides consistency and correctness of the specified measuring instruments and measurement and
performance of State Metrology within the scope of the law, ^ 3)
(c)) shall decide on appeals against decisions of the metrological
authorities, ^ 7)
(d) Organization of training) for receipt of technical regulations
Of the European communities this received government regulations,
e) contractually ensures tasks arising from international conventions, which
the Czech Republic is bound, and the tasks arising from the requirements of the ministries
and other central administrative authorities.
§ 5
Czech metrology Institute provides professional and executive work
State of metrology within the scope of the law to the Czechoslovakian
metrologickému Institute and the State Inspectorate of metrologickému. ^ 9)
2) Act No. 71/1967 Coll., on administrative proceedings (administrative code).
3) Act No. 506/1990 Coll., on metrology.
7) § 4 paragraph 2. 1 Act No. 506/1990 Coll.
9) § 14 and 15 of Act No. 506/1990 Coll. ".
3. Notes No. 4), 5), (6)), 8) and 10) are deleted.
4. Note. ^ 11): ' 11) § 13 para. 2 (a). (c)), § 16, 20 and 21
Act No. 506/1990 Coll. ".
PART THREE
FINAL PROVISIONS
§ 25
Shall be repealed: 1. Act No. 30/1968 Coll., on State testing, as amended by
Act No. 54/1987 Coll., Act No. 194/1988 Coll., Act No. 478/1992 Coll. and
Act No. 539/1992.2. Act No. 143/1991 Coll., on the Czechoslovak
the technical standards, as amended by Act No. 634/1992 Coll. 3. Decree Of The Office
for standardization and measurement No. 104/1984 Coll., on the verification of weapons and control
ammunition for civilian use. 4. order Office for standardisation and
measurement No. 101/1988 Coll., on certification of products, as amended by Decree No.
233/1993 Coll. 5. Decree of the Federal Bureau for standardization and measurement No.
586/1992 Coll., implementing Act No. 30/1968 Coll., on the State
testing, as amended by Decree No. 232/1993.
section 26
The effectiveness of the
This Act shall take effect on the first day of the seventh calendar month after
the date of publication.
Zeman in r.
Havel, v. r.
Klaus r.
Selected provisions of the novel
Article. (II) Government Regulation 490/2009 Sb.
Transitional provisions
1. the person in charge of Accrediting for the implementation of the accreditation bodies
conformity assessment according to the existing legislation, it is considered
the accreditation body under Act No. 22/1997 Coll., in the version in force from the date of
entry into force of this Act, until the release of the new decision on
the credentials of the accreditation body, but no longer than for a period of 2 years from the date of
entry into force of this Act.
2. To the accrediting issues the person to a legal person or a natural person who is
an entrepreneur, and that the effective date of this Act, asked for
accreditation and the accreditation according to the existing rules meets the legal
editing, accreditation certificate according to the law No. 22/1997 Coll., as amended by
effective until the date of entry into force of this Act.
3. the certificate of accreditation issued under the existing legislation, the
considered an accreditation certificate according to the law No. 22/1997 Coll., on
the version in force from the date of entry into force of this law, and only after
the period for which it was issued, at the latest until 31 December 2006. December 2014.
4. the procedure for fines, initiated before the date of entry into force of this
the law, in accordance with the existing laws, to complete the Edit.
Article. (II) Act No. 100/Sb.
Transitional provisions
1. the procedure for authorizing the activities of conformity assessment of construction
products under Government Regulation No. 190/2002 Coll., laying down
technical requirements for construction products referred to in the version in force of the CE
to the date of entry into force of this law, which has not been completed
before the date of entry into force of this Act, shall on 1 January. July 2013
stop.
2. the decision to authorize the activities of conformity assessment of construction
products under Government Regulation No. 190/2002 Coll., laying down
technical requirements for construction products referred to in the version in force of the CE
to the date of entry into force of this law, issued in accordance with the existing
the legislation shall expire on 1 July. July 2013.
3. the procedure for issue of the certificate of accreditation, initiated pursuant to law No.
22/1997 Coll., in the version in force before the date of entry into force of this
the law, in accordance with the existing laws, to complete the Edit.
4. a certificate of accreditation issued under Act No. 22/1997 Coll., as amended by
effective before the date of entry into force of this law, shall be construed as
certificate of accreditation according to the law No. 22/1997 Coll., as amended effective
from the date of entry into force of this Act.
1) for example, Act No. 114/1995 Coll. on inland navigation, as amended by
amended, law No 61/2000 Coll., on maritime navigation.
1A) European Parliament and Council Regulation (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market related to the marketing of products and repealing Regulation
(EEC) No 339/93.
1B) Article. 4 European Parliament and Council Directive 2001/95/EC on General
the safety of products.
1B) section 134a of Act No. 65/1965 Coll., the labour code, as amended by Act No.
155/2000 Coll.
for example, 1 c) section 7A(1). 1 (b). a) and b) of Act No. 64/1986 Coll., on Czech
commercial inspection, as amended.
2) Act No. 526/1990 Coll., on prices, as amended by Act No. 135/1994 Coll.
2A) for example, Act No. 102/2001 Coll., on general product safety and the
amendments to certain acts (the General Product Safety Act), Act No.
258/2000 Coll., on the protection of public health, as amended by Act No. 254/2001
Coll. and Act No. 276/2001 Coll.
4) Act No. 64/1986 Coll., on Czech commercial inspection, as amended
regulations.
4A) Act No. 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as amended.
4B) Act No. 266/1994 Coll., on the railways, as amended.
4E) Article. 20 regulation of the European Parliament and of the Council (EC) no 765/2008.
4F) of Decree-Law No 396/2004 Coll., on the procedures, the content and form of
information on the occurrence of dangerous non-food products.
8 for example, § 17) et seq. the commercial code.
9) Act No. 183/2006 Coll., on zoning and the building code
(the building Act).
10) European Parliament and Council Regulation (EU) No 309/2007 of 9 October.
March 2011, laying down harmonised conditions for the marketing of
construction products on the market and repealing Council Directive 89/106/EEC.
for example, article 11). 42 European Parliament and Council Regulation (EU) No.
305/2011 from 9 June. March 2011, laying down harmonised
the conditions for the marketing of construction products on the market and repealing
Council Directive 89/106/EEC.
12) Article. 48 para. 5 European Parliament and Council Regulation (EU) No.
305/2011.
13) section 151 of the Act No. 500/2004 Coll., the administrative code.
14) Article. 39 European Parliament and Council Regulation (EU) No 305/2011.
15) Article. 30 European Parliament and Council Regulation (EU) No 305/2011.
16) Article. 11 to 14 and article. 43 regulation of the European Parliament and of the Council (EU) No.
305/2011.
