Amendment Of The Act Concerning The Conditions Of Placing Of Biocidal Products On The Market

Original Language Title: změna zákona o podmínkách uvádění biocidních přípravků na trh

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=75342&nr=342~2F2011~20Sb.&ft=txt

342/2006.



LAW



of 26 March. October 2011,



amending Act No 120/2002 Coll., on conditions for the placing of biocidal

products and active substances on the market and amending some related

laws, as amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No 120/2002 Coll., on conditions for the placing of biocidal products and

active substances on the market and amending certain related laws, in

amended by Act No. 186/2004 Coll., Act No. 127/2005 Coll., Act No.

297/2008 Coll. and Act No. 136/2010 Coll., shall be amended as follows:



1. In article 1 (1). 1, § 4, paragraph 4. 1, § 4, paragraph 4. 2 (a). (c)), section 7 (2). 4, section 8,

§ 12 para. 1 and 8, § 24 para. 1 (b). k), § 24 para. 3 and 4, section 27 (a).

a) to (c)), § 31a para. 3, § 32 para. 1 (b). h) and section 35 para. 3 (b).

and) the words "European Community" shall be replaced by the words "European Union".



2. Footnote 1 is added:



"1) European Parliament and Council Directive 98/8/EC of 16 December 2002. February 1998

concerning the placing of biocidal products on the market.



European Parliament and Council directive 2009/107/EC of 16 December 2002. September 2009,

amending Directive 98/8/EC concerning the placing of biocidal products on the market,

as regards the extension of certain time limits ".



3. In article 2 (2). 2 and § 13 para. 4, the words "No 1", shall be deleted.



4. In article 2 (2). 4, the words ", provided for in annex 3 to this Act"

shall be deleted.



5. In article 2 (2). 6, the words "Commission of the European communities" shall be replaced by

the words "European Commission" and the words "of the European Community"

replaced by the words "of the European Union".



6. In article 2 (2). 10, the words "European Community" shall be replaced by

"The European Union".



7. in section 3, paragraph 2 reads as follows:



"(2) biocidal products may contain only active substances listed in

list of active substances and in the list of active substances with a low risk and

only the basic substance, while complying with all requirements.

For the fulfilment of specific conditions for authorisation and use of biocidal products

products and low-risk biocidal products containing the

the active substance is equivalent to a legal entity or individual entrepreneur,

that States the biocidal product on the market, with the exception of compliance with specific

conditions imposed by the holder of an authorization issued pursuant to section 7, for which

This corresponds to the holder, and the specific conditions that apply to

the use of the biocidal product, which conforms to the person referred to in section 3a

paragraph. 2. the list of active substances, list of active substances with a low risk of

and specific conditions for authorisation and use of biocidal products and

low-risk biocidal products containing the active substance

the Ministry shall determine by Decree. "



8. In § 3a paragraph 2. 2 the words "in annexes 2 and 3 to this Act"

shall be replaced by "Decree".



9. In paragraph 4, at the end of paragraph 1, the following sentence "the application is

completed form generated from the register for biocidal products

established by Commission decision No 2010/296/EU ^ 23) and bearing the signature of the

of the statutory representative of the applicant. ".



Footnote 23 reads as follows:



"23) Commission decision No 2010/296/EC of 21 June 1999. May 2010 on the establishment of

register on biocidal products. ".



10. In section 4, paragraph 4. 2 (a). and) and in section 7 (2). 4, the words "Annex No. 2

or 3 "shall be replaced by" Decree ".



11. in section 7 (2). 1 (b). and) the words "annex 2 or 3 to this

the law "shall be replaced by the words" the list of active substances or list of active

substances with a low-risk set by Decree ".



12. In paragraph 7 (2). 7 first and second sentence, the words "annex 2 or 3 to

This Act "are replaced by the words" the list of active substances or a list of

the low-risk active substances provided for by Decree ".



13. in § 9 para. 2 of the introductory part, the words ' the provisions of the annexes 2 or

3 to this Act "are replaced by the words" the list of active substances or a list of

the low-risk active substances provided for by Decree ".



14. in § 9 para. 2 the first and second sentences, the final part of the provision

the words "the list provided for in annexes 2 or 3 to this Act"

replaced by the words "the list of active substances or a list of active substances with

low-risk set by Decree ".



15. in section 10, paragraph 1. 1 the words "the list provided for in annex No. 2 or 3 to

This Act "are replaced by the words" the list of active substances or a list of

the low-risk active substances provided for by Decree ".



16. in paragraph 11 (1) 2 the words "the lists laid down in annex No. 2 or 3

to this Act "are replaced by the words" the list of active substances or a list of

the low-risk active substances provided for by Decree ".



17. in paragraph 11 (1) 3, § 16 para. 2 (a). (d)), paragraph 2, introductory part of section 19

the provisions of § 20 para. 1 (b). m) and in § 32 para. 3, the words "annex

No 2 or 3 to this Act "shall be replaced by" Decree ".



18. In paragraph 11 (1) 4 letter a) is added:



"and the active substance) has been retired from the list of active substances or a list

the low-risk active substances laid down by decree or no longer

compliance with the requirements or the specific conditions listed there ".



19. In article 16(1). 2 letter a) is added:



") on the active substance, which was not on the market before the date of 14. in May 2000, and

is listed in the list of active substances or a list of active substances with

low-risk set out by decree for a period of 15 years from the date of its

first inclusion in these lists, ".



20. In article 16(1). 2 (a). (b)) point 2, the words "the list provided for in

Annex No 2 or 3 to this Act "are replaced by the words" the list of active

substances or a list of low-risk active substances laid down

the Decree ".



21. Annex No. 2 and 3 are deleted, and also the designation of the annex shall be deleted;

No 1.



Article. (II)



The effectiveness of the



This Act shall take effect on the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.