Amendment Of The Act. On Technical Requirements For Products And Amendment Cer. Disciple.

Original Language Title: změna zák. o technických požadavcích na výrobky a změna někt. zák.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53466&nr=205~2F2002~20Sb.&ft=txt

205/2002 Coll.


LAW
Dated 24 April 2002

Amending Act no. 22/1997 Coll., On technical requirements for
products and amending and supplementing certain acts, as amended
regulations, and some other laws

Change: 127/2005 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Changing the law on technical requirements for products
Article I


Law no. 22/1997 Coll., On technical requirements for products and amending and supplementing certain acts
, as amended by Act no. 71/2000 Coll. and Act no.
102/2001 Coll., is amended as follows:

First In § 1 point. a) after the word "may" the words "increasingly"
word "natural" is replaced with the word "life" and the word "environment"
the words "or another public interest".

Second In § 1 point. b) the word "distribute" the words "or
put into operation", the word "may" with the words "
increased rate" for the word "interest" the comma is replaced by a semicolon and the
words "this is without prejudice to the provisions of special legislation
traffic products ^ 1)."

Footnote. 1) reads:

"1) For example, Act no. 114/1995 Coll., On Inland Navigation, as
amended, Act no. 61/2000 Coll., On maritime navigation.".

Third In § 1 the full stop at the end of the letter c) is replaced by a comma and
letter d), which reads:

"D) method of ensuring information obligations relating to development
technical regulations and standards resulting from international
agreements and requirements of European Community law.".

Fourth In § 2. a) after the word "market" the words "new or used
".

Fifth In § 2. b) the words "Czech Republic" are replaced by "the market
European Community". In the second sentence after the word "manufacturers or importers
" the words "and provided products for reuse
if they avoid re-use assessment of conformity with the laws and regulations
" and "Government Regulation does not exclude "shall be replaced
" provides government regulation. "

6th In § 2, subparagraph b) a new point c), including note
footnote. ^ 1) reads:

"C) putting into operation the moment when the product is first used
user in the Member States of the European Union for the purpose for which it was made
; if so stipulated by government regulation, a product is put into
traffic at the moment is to use this ready or provided.
If a product is put into operation at the workplace ^ 1) user
to mean the employer

1a) § 134a of the Act no. 65 / 1965 Sb., Labour Code, as amended by Act no. 155/2000 Coll
. ".

Existing letters c) and d) shall be designated Letters d) and e).

7th In § 2. d) the word "product," the words "and in the cases stipulated by the Government
also a person who assembles, packages, or marks
product."

8th In § 2. e) the word "State" is replaced by "
than a Member State of the European Union".

9th In § 2, the letter e) the following new paragraph f), which reads:

"F) means a person established in a Member State of the European Union
which has a written authorization to act on his behalf with regard
to the requirements imposed on the producer of this Act".

Existing letters e) and f) are renumbered g) and h).

10th In § 2 letter g) reads:

"G) the distributor, who in the supply chain performs subsequent
business after placing the product on the market (hereinafter referred to as" distributed ").".

11th In § 2. h) 1, the word "or" after "in the legislation"
replaced by "different technical document or" and the words
"regulations or" is inserted after the word "technical".

12th In § 2, at the end of letter h) is replaced by a comma and
letter i), which reads:

"I) Notified Body legal person who has been a Member State of the European Union
notified to the European Community and all Member States of the European Union
as a body authorized by the Member State of the European Union
to activities in conformity assessment of products technical requirements. ".

13th Title II reads: "TECHNICAL REGULATIONS AND STANDARDS '.

14th In the heading of § 3, after the word "regulations" the words "and technical documents
".

15th In § 3 para. 1, "announced the publication of its full text in

Official Gazette "is deleted, the existing text becomes paragraph 1 and
paragraph 2 shall be added:

" (2) The technical document for the purposes of this Act, a document
which includes technical specifications, and is not
technical regulation within the meaning of paragraph 1 nor the norm, and that could
create a technical barrier to trade. ".

16th in § 4 para. 3 the words "(hereinafter referred to as" Standard ")."

17th § 4 reads:

"§ 4a

Harmonized technical standards and specified standards

(1) Czech standard becomes a harmonized Czech
norm, takes over if the full requirements of the European standard or harmonization
document recognized by the European Community
as a harmonized European standard or European standard which was
as a harmonized European standard in accordance with the law
European Communities by common accord notified Bodies (hereinafter
"harmonized European standards"). For specification of technical requirements
products resulting from government regulation or other competent
technical regulation, the Office for Standards, Metrology and Testing
(hereinafter the "Authority") in cooperation with the ministries and || | other central administrative authorities, whose scope is appropriate
region concerned, determine the Czech technical standards, other technical standards or technical
documents from international or foreign organizations
or other technical documents containing detailed technical
requirements (hereinafter "designated standards").

(2) The Office shall announce in the Journal of the Office harmonized Czech technical
standards and specified standards and their changes or cancellations. The notice shall also state
technical regulation to which such standards relate.

(3) Compliance with the harmonized Czech standards and specified standards or
meet foreign technical standards adopting the Member States of the European Union
harmonized European standards, or parts thereof
is considered to the extent and under the conditions laid down
in technical regulation for compliance with those requirements stipulated by technical regulations, to which
these standards or parts thereof apply. If
authorities of the European Community for harmonized European standards or designated by the Office for Standards
conclude that meet these standards or their parts can not be
longer be considered to fulfill the requirements of technical regulations, notify
Office in the Office Bulletin the harmonized Czech technical standards or designated
standards which the case is. ".

18th title in § 5, after the words" Security works "
words" Czech technical ". | ||
19th in § 5 para. 1 the words "development and publication of"
words "Czech technical" and the word "standards" the words "their
changes and cancellations".

20th in § 5 para. 2 the words "development and publication of"
words "Czech technical" and the word "standards" the words "their
changes and cancellations" .

21st in § 5 para. 6 after the words "creation and publishing"
words "Czech technical" and the word "standards" the words "their
changes and cancellations . "

22nd in § 5 para. 7 first sentence, the words" the cost of creating "
inserted the words" Czech technical ". In the second sentence, the words "The cost of creating
" the words "Czech technical" and "
harmonized standards" are replaced by "Czech technical standards
transposing European standards".

23rd In § 5 para. 8, the word "standards" is replaced by "
Czech technical standards or parts thereof".

24th In the title of § 6, after the word "issuance" the words "Czech technical
".

25th In § 6 of the word "publishing" the words "Czech technical" and
word "standards" with the words "their changes and cancellations".

26th In § 6 point. a) the words "issued norms and standards" are replaced
"Czech standards, their issuance, amendments and cancellations."

27th In § 6 point. b) the words 'cross-compliance'
words "Czech technical".

28th In § 6 Point f) reads:

"F) consideration of the Czech technical standards, amendment or repeal of
anyone who within the period specified in the published notice of initiation
Czech drafting technical standards or the proposal to amend or repeal
Czech technical standards, registers with the persons referred to in this announcement
, or who will submit their opinion on the published

Draft within the period specified in the notice of the publication. "

29th in § 6, after letter f) a new point g), added:

" g) dissolution Czech technical standards that are discussed under point
f) if it is not the conditions set out in subparagraphs b) to d). "

the current letter g) becomes letter h).
| || 30th in § 6 point. h) after the word "issued" the words "Czech technical
" and the word "standards" the words "and their changes."

31st § 7 including the heading and footnotes. ^ 1b) reads:

"§ 7
Information obligations


(1) Information on the proposal for a draft technical regulation or other
technical document, or its amendments, which are subject
reporting obligations to the European Union Member States and the institutions of the European Community
or information obligations
arising from international agreements, shall ministries, other central administrative authorities and
Czech national Bank Office.

(2) Information obligations relating to the Czech technical standards
provides a designated legal entity (§ 5 para. 2). How to fulfill
determined by the Government.

(3) technical regulations or other technical document must be submitted
for approval or approved prior to the deadline for submitting comments
set by the Government that the standstill period to prepare
of a draft technical document during which the proposed
decision on approval or preparation of a harmonized regulation
European Communities, may be extended as provided
government.

(4) The Office as an information point provides

A) notification of technical regulations or other technical documents referred to in paragraph 1
abroad

B) information about foreign draft technical regulations and other
technical documents and about foreign documents related to ensuring
procedures for providing information publishing in the Journal
Office

C) informing the authorities of the European Community on the issue
technical regulations if they transpose Directive of the European Communities, and sending
texts thereof to the bodies of the European Communities

D) methodical guidance for uniform submission of information and
range in accordance with the guidelines and procedures of the Commission of the European Communities, as
international treaties.

(5) as a basis for technical regulation content may only be used
a technical standard, which was adopted in accordance with the procedures laid down in Regulation
government.

(6) The Government may by regulation, the procedure, scope and particulars
provision of information relating to technical regulations, other
technical documents and standards.

(7) The Office shall notify the authorities of the European Community or competent
authorities of the Member States of the European Union, especially

A) opinions on the finding that the provisions of harmonized European standards
does not correspond to the essential requirements of European regulations
Community or other facts concerning
harmonized European standards or other documents and related measures
the application of European Community law,

B) persons authorized under § 11 of the activities of conformity assessment under
government regulation transposing the law of the European Communities, and changes
repeal this mandate.

(8) The Ministry shall notify the authorities of the European Community or
competent authorities of the Member States of the European Union decision
supervisory authorities to impose protective measures ^ 1b) for the specified products (§ 12)
reasons as laid down in Regulations government.
Announcement institutions of the European Community on safeguard measures applied in other Member States of the European Union
transmitted by the Ministry supervisory authorities.

(9) The supervisory bodies report to the Ministry and the Office of the decision to impose
protective measures for the specified products.

1b) For example, § 7, paragraph. 1 point. a) and b) of Law no. 64/1986 Coll., on
Czech Trade Inspection, as amended. ".

32nd In § 9 the words" compliance with the requirements of technical regulations "are replaced by | || words "their compliance with the technical requirements set out
government (hereinafter" conformity assessment ")."

33rd § 10 including the title reads:

"§ 10 || |

Certification
(1) Certification under this law,


A) authorized body performed within the scope defined by a technical
regulation, or

B) to accredited persons carried out at the request of the manufacturer, importer or
another person
in which the issuance of a certificate certifying that a product or activity
relating to its manufacture or its repeated use
in accordance with the technical requirements specified in the certificate.

(2) Certificates issued by an authorized person are used in assessing conformity
according to § 13 para. 1 certificates issued by an accredited person may
use in conformity assessment according to § 13 para. 1 only in cases where the | || for conformity assessment authorized manufacturer, importer or other person. ".

34th in § 11 para. 1, the first sentence after the word" manufacture "the words
", or repeated use "and in the second sentence, the word
" objectively "and the words" issued for its implementation "are deleted.

35th in § 11 para. 4, the words" issued for its implementation "shall be deleted and | || word "authorized employees of the Office", the words "and invited him
person."

36th in § 11 para. 5, the words "issued for its implementation" shall be deleted and the words
"in the authorization decision", the words "will change if
facts on which the decision on authorization."

37th in § 11 paragraph 7 reads:
|| | "(7) Authorized by notification under § 7 para. 7 point. b)
become Notified Bodies.. "

38th in § 11 paragraph. 1 after the word" ensure "the word" activities "and
words" activities in conformity assessment of products, including the
assessment activities associated with their production and
specified in technical regulations with requirements of technical regulations "shall be deleted.

39th in § 11a paragraph. 2 point.), after the word" importer " the words "
or the others."

40th in § 11a paragraph. 2 point. b) inserted at the beginning of the word "obey when
conformity assessment and technical regulations." | ||
41st in § 11a paragraph. 2 point. c), the words "issued to implement this Act
" are deleted in paragraph 1 at the end the words "whose validity
may restrict or suspend "and in paragraph 2, the words" or other
authorized persons in the cases provided for fulfillment of international agreements also foreign
"is replaced by" all materially relevant
NBs or another. "
| || 42nd in § 11a par. 2 letter e) reads:

"e) report promptly to the supervisory authority that the product may endanger or threaten
legitimate interest, if it finds in its performance." .

43rd In § 11a paragraph. 3, at the end of the paragraph is replaced by a comma and
the words "or to extend the range specified by the relevant technical regulation
validity, if not changed
circumstances in which it was issued.".

44th The heading of § 12 is deleted. The heading of § 12 reads: "Conformity assessment".

45th In § 12 para. 1 point. a) the words "their properties with the requirements
technical regulations" shall be deleted and the words "decide that"
inserted the words "for the duration of the public interest".

46th In § 12 para. 1 point. b) the words "requirements" shall be inserted
"fixed" after the word "shall" with the word "these" and
word "meet" the words "to be placed on the market, optionally
operation ".

47th In § 12 para. 1, letter c) reads:

"C) that the specified products, and under which conditions must or may be
when marketed or put into service marking as specified
Government Decree (hereinafter the" set label '). "

48th In § 12 para. 1, at the end of Point d) is replaced by a comma and
subparagraphs e), f), g) and h) are added:

"E) reasons of danger to the justified concern that while the imposition of safeguard measures 1a
) for the specified products are notified pursuant to § 7 para. 8

f) transitional period in which they can be marketed or put into operation
specified products not meeting the technical requirements established by
letters b) if they correspond to the legislation of a Member State
EU

g) the content of information on safeguard measures transmitted to the authorities || | European Community or any other persons in the scope defined
European Community law concerning the conformity assessment

h) other particulars if necessary for transposing legislation
European Communities relating to conformity assessment. " .

49th In § 12 paragraph 3 is deleted.

Former paragraph 4 becomes paragraph 3


50th In § 12 para. 3, after the words "marketing" the words "or
into traffic or for its re-use."

51st In § 12, after paragraph 3 the following paragraph 4 is added:

"(4) Where the Government Orders transpose regulations of the European Communities and
conformity assessment procedures is listed participation of an authorized person, this
activities carried out by notified person.".

52nd In § 12 para. 5, the words "manufacturer or importer" are replaced
"the one who asked for this action."

53rd In § 12, the following paragraph 6 is added:

"(6) The Government shall determine the graphic appearance of the CE marking or other prescribed marking
performance and their placement on the product,
packaging or in the accompanying documentation.".

54th § 13 including footnotes. ^ 2) reads:

"

§ 13 (1) The products producers or importers placed on the market or
if stipulated by government regulations, such products can be put into operation
just splňují- If the technical requirements specified by § 12 para.
1 point. b) and after assessing the conformity assessment procedures provided
according to § 12 para. 3 and subject to the conditions set out in paragraph 2.
| || (2) the designated product is to be placed on the market or put into service
must or may be the extent and under the conditions stipulated by the Government
bear the prescribed marking and, if so provided by government regulation must
be issued to him or accompanied by the EC declaration of conformity or another document
.

(3) the CE marking on a set product indicates that the product meets the technical requirements laid down
all government regulations, that the
it and which this designation prescribe or permit, and that it was
during the conformity assessment complied with the stipulated procedure.

(4) Czech conformity mark consisting of letters CCZ can be used only
products not covered by the regulations of the European Communities.
This mark indicates that the product meets the technical requirements laid down in
all government regulations that relate to it and which this designation
prescribe or permit, and that was during the conformity assessment procedure followed
set .

(5) Where a specified product bears the CE marking, shall concurrently be marked
Czech brand of consensus government regulations stipulate otherwise, or
brand, which its meaning or appearance, cause confusion with || | CE marking or other prescribed marking.

(6) If so determined by the Government, the manufacturer or importer or
other person specified in the government is obliged to provide under
request copies of certificates or other documents, including documents related
Office or to authorized persons, or
provided to foreign persons.

(7) Evidence of conformity assessment within the range set by the Government is
manufacturer or importer shall within a period of 10 years from the end of production, importation or
marketing provide upon request to the supervisory authority.
This period may be determined by government regulation notwithstanding.

(8) The obligations of the manufacturer or importer referred to in § 13, the details
down government regulation, can range stipulated by the Government to meet
an authorized representative. If these people are not fulfilling those obligations,
is obliged to ensure the fulfillment of the person who last states
specified product on the market.

(9) Distributor is obliged to act to prevent distribution
specified products which clearly meet the requirements of the law, especially
products which do not bear the prescribed marking.

(10) If the product meets the conditions set out in § 12 and 13, must be prevented
its placing on the market or put into service if
of the major reasons of protection of legitimate interests of a special law provides otherwise
. This is without prejudice to the provisions of special legislation. ^ 2)

2a) For example Act no. 102/2001 Coll., On general product safety and
amending certain acts (GPSD), Law no.
258/2000 Coll., On protection of public health as amended by Act no. 254/2001 Coll
. and Act no. 274/2001 Coll. ".

55th after § 13 the following § 13a, which, including footnotes.
2b) reads:

" § 13a

For specified products to which it applies an international treaty 2b) and
who are required conformity assessment procedure without participation
authorized persons can use § 13 para. 4, 5, 6, 7, 8, 9 and 11, although

Product does not originate in the Czech Republic or in countries with which it agreed
relevant international treaty.

2b) The Protocol to the Europe Agreement between the Czech Republic
on the one hand and the European Communities and their Member States
the other, on Conformity Assessment and Acceptance of Industrial Products
(PECA), published under No. . 56/2001. ms. "

56th § 17 including the heading deleted.

57th § 18 reads:

" § 18
Supervision


Supervision over whether the specified products placed on the market are labeled
prescribed manner, or to them was issued or enclosed set
document (§ 13 para. 2) and whether the properties of specified products listed
the market correspond to specific technical requirements, performs
Czech trade inspection 4) or the authority determined by a special law (hereinafter referred
"supervisory authority"). If detected in the surveillance removable
deficiencies, allowing the supervisory authority to remove them within the determined period
.. "

58th in § 19 para. 1 point.), The words" declaration of conformity or "are deleted.

59th in § 19 para. 1, letter b) reads:

" b) placed on the market or distributed specified products without a fixed
label or document, the Cabinet Regulation
or with a false or unauthorized marking or document. "

60th in § 19 para. 1 point. c) a reference to the previous footnote.
5), the reference to a comment footnote. 1b). Footnote
no. 5) is deleted.

61st in § 19 para. 2 the words "or failed to fulfill the obligations arising from
§ 13 paragraph. 8 or paragraph. 9, second sentence "shall be deleted and the words" up to 1 million CZK
"the words", and even repeatedly. "

62nd in § 19 par. 3 point. b) the word "standard" is replaced by "
Czech technical standard, or a part thereof ^ 5)."

Footnote. 5) reads:

"5) § 13 and 14 of the Act no. 121/2000 Coll., on copyright, rights
related to copyright and amending some laws (copyright
Act). ".

63rd In § 19 paragraph 7 including footnotes. ^ 6) and ^ 6) it reads:

"(7) The fine shall be collected and enforced by the supervisory authority of the territorial financial authority ^ 6)
by a special regulation. ^ 6)

6) Act no. 531/1990 Coll., On territorial financial bodies, as amended
.

6a) Act no. 337/1992 Coll., on administration of taxes and fees, as amended
. ".

64th Under § 20 the following § 20a including footnote.
^ 8) reads:

"§ 20a

Persons who participate in the activities under Title III and IV
this law, are obliged to maintain confidentiality within the meaning
special legal regulation 8) the facts on which the
acquired in such activities and whose disclosure could jeopardize the interests of others.

8) For example, § 17 et seq. of the Commercial Code. ".

65th § 22 including the title reads:

"§ 22 Authorization



Government shall issue a regulation to implement § 2. B), c), d), § 3 para. 2, § 7, §
11 paragraph. 1 and 2, § 11 paragraph. 2, § 12 and 13 ".
PART TWO


Amendment of the Czech Trade Inspection
Article II


Law no. 64/1986 Coll., The Czech Trade Inspection, as amended by Act no. 240/1992 Coll
., Act no. 22/1997 Coll., Act no. 110/1997 Coll., Act no.
189/1999 Coll., Act no. 71/2000 Coll., Act no. 145/2000 Coll., Act no. 102/2001 Coll
. and Act no. 321/2001 Coll., is amended as follows:

First In § 2 para. 2 point. e) the word "was" is deleted, the words "
issued a declaration of conformity" are replaced by "have been under a special legal regulation 1
) products properly bear the prescribed marking
or whether they were published or supplied set document ".

Second In § 2 para. 2 point. e) the words' conditions issued a declaration of conformity
, 1a) "is replaced by" technical požadavkům1a) and whether
connection with the designation specified product have met the requirements set by special legal
předpisem1f) "and the following
footnote fn. ^ 1f), which reads:

"1f) § 12 letter. C) of the Act no. 123/2000 Coll., On Medical Devices
and amending some related Acts.".

Third In § 7, paragraph. 1, after the word "distributor" the words "
or the person who places the product into operation."

Fourth In § 7 paragraph. 1 point. a) the words "marketing" the words "
or putting products into operation," the word "natural" is

Replaced by the word "environment" and the word "environment" the words
", or other public interest".

Fifth In § 7 paragraph. 1 point. b) the words "marketing" the words "
or putting products into operation."

6th In § 7 paragraph. 3 at the end the words "market" is replaced by a comma
and the words "or who is put into operation.".
PART THREE



Canceled Article III



Canceled PART FOUR



EFFICIENCY Article IV


First This Act shall take effect on the first day of the fifth calendar month
after the date of publication, with the exception of Article I, para. 3, 5, 6, 8, 9, 12, 17, 31, 37,
41, 51, 53, 54 56, 57, 58, 59, 60 and 61 with the exception of Art. II, Section 1
which become effective on the date of the accession
Czech Republic to the European Union.

Second The date the Treaty of Accession of the Czech Republic to the European Union
§ 13a shall cease to be valid.
Klaus vr

Havel vr


Pp. Own hand