71/2000 Sb.



LAW



of 24 July 2003. February 2000,



amending Act No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts and certain other laws



Change: 86/2002 Sb.



Change: 375/2007 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on technical requirements for products



Article. (I)



Act No. 22/1997 Coll., on technical requirements for products and amending and

various other laws, is amended as follows:



1. In paragraph 1 (b). (b)) after the word "market" the words "or distribute".



2. In paragraph 1 (b). (c)), the words "legal or natural" and the words "(hereinafter referred to

"the standards") ' shall be deleted.



3. In paragraph 2 (b)):



"(b)) indicating the product on the market the moment when the product is in the Czech Republic

for valuable consideration or free of charge for the first time passed or offered to pass in order to

distribution or use or when it is converted for the first time

property rights, unless otherwise provided by special law. For those on the market

i shall be regarded as products manufactured or imported for the operational needs of

own business of manufacturers or importers, if that Government Regulation

does not exclude. If necessary, government regulation specifying the concept of

placing on the market of the products to which this technical regulation

applies ".



4. In paragraph 2, point (b)) the following new point (c)), which read as follows:



"(c)) by the manufacturer, the person who produced or even just proposed a product for which the

matches under this Act and who intends to place on the market under his

on behalf of ".



Subparagraph (c)) to e) shall become letters (d)) to (f)).



5. In paragraph 2 (a). (d)), the words "natural or legal person"

shall be replaced by "the who".



6. In paragraph 2 (a). e), the words "natural or legal person"

shall be replaced by "the who".



7. In paragraph 2 (a). (f)):



"(f)) the technical requirements for product



1. the technical specifications contained in the law or standard that

lays down the characteristics required of a product such as levels of quality,

performance, safety and dimensions, including the requirements for its

the name under which it is sold, editing, terminology, symbols, testing

product and test methods, packaging, marking of the product

or tagging, procedures for conformity assessment of the product with the legal

regulations or standards, production methods and processes affecting the

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, for example. conditions of use, recycling, reuse

use or disposal of the product, where such conditions can significantly

influence the composition or nature of the product, or its marketing. ".



8. § 3, including the title reads as follows:



"§ 3



Technical regulations



Technical regulation for the purposes of this Act is the legislation

famous for his publication of the full text of in the statute book, containing

technical requirements for products, where appropriate, the rules governing the service, or

governing the obligations upon the placing of a product on the market, use of the

or the provision of services or establishment or prohibiting the production,

the import, sale or use of a product, or use of, the provision of

or provisioning services. ".



Footnote 1) is repealed.



9. in paragraph 4, the heading "Standards" is replaced by "Czech technical standards."



10. In section 4, paragraph 4. 1 the term "standard" is replaced by "Czech technical

standard ", after the word" document "shall be inserted the words" approved by the responsible

legal person (§ 5) for repeated or constant use, "and at the end of

the following sentence shall be added:



"The Czech technical standard is not generally mandatory.".



11. in section 4, paragraph 4. 3, the word "standard" is replaced by "Czech technical

standard ("standard") ".



12. in section 4, paragraphs 4, 5 and 6 shall be deleted.



13. in paragraph 4, the following new paragraph 4a, which including the title:



"§ 4a



Standards and conformity assessment documents



(1) the standard becomes a harmonized standard, assumes the full requirements

set out a harmonised European standard. If it is necessary for the

the fulfilment of the technical requirements for products, resulting from the regulation

the Government issued under this Act, the Office may, for technical

Standardization, metrology and testing (hereinafter referred to as "the authority") to determine the

for conformity assessment standards or other technical documents of international

organizations, containing the technical requirements, whose release was

notified in the Gazette of the Office (hereinafter referred to as "standards").



(2) the Office shall announce in the Gazette the Office of harmonised standards and the harmonised

European standards, their modification or cancellation and specified standards, their changes

or cancellation. At the same time stating the technical regulation, to which these standards

apply.



(3) compliance with the harmonised standards or, in the cases specified by the standards and

arising from an international treaty also meet the foreign technical

standards used to transpose harmonised European standard in the scope of its

content deemed to meet the requirements laid down by regulation of the Government, to

which such standards relate. ".



14. In article 7, paragraph 3 shall be added to paragraph 4, 5 and 6, including

footnote # 1):



"(4) the Government shall determine the procedure in providing information in the field of

technical regulations and standards.



(5) the authority to announce the competent authorities of the European communities or

the authorities of the States, which are closed to international treaties, in

the scope of these contracts arising, in particular,



and opinions about) it was found that the provision of harmonised

European standard does not conform to the essential requirements referred to in the technical

regulations issued by the authorities of the European communities, or other

the facts concerning the standards,



b) an authorised person (§ 11) responsible for carrying out the tasks of notified

people working within the European Union.



(6) the Ministry announces the authorities of the European communities or

the competent authorities of the States, which are closed to international

the contract, to the extent arising from these contracts, the decision to impose a

safeguard measure ^ 1) on defined products (§ 12), including those which

originating in States with which it is negotiated the relevant international

the contract.



1) § 7a of Act No. 64/1986 Coll., on Czech commercial inspection, as amended by

amended. ".



15. In § 8 para. 3 (b). (d)) at the end of words "and persons with

limited mobility ".



16. in paragraph 9, the words "natural or legal".



17. in paragraph 10, the following sentence at the end:



"These certificates can be used for the assessment of conformity according to § 13 para. 1. ".



18. In paragraph 11 (1) 1 the words "under this Act" are replaced by

the words "including the assessment of the activities related to their production

and defined in the technical regulations "and the second sentence is replaced by the

sentence:



"Authorization for the activity under this Act grants in factually established

the scope of the authority decision on the basis of a request, which must be accompanied by the

evidence of compliance with the conditions laid down by law and the authorization

the Government issued regulations for its implementation, in agreement with the

ministries and other central administrative authorities whose competence is

the assessment carried out by the authorized persons of specified products. ".



19. in paragraph 11 (1) 2, after the words "ensure the activities in the assessment of

the conformity of the "comma is deleted and inserted the words" fixed by regulation of the Government

issued to implement the law. If government regulation of these terms

does not provide, the Office may issue a certificate of authorization, if the applicant meets the

about authorization necessary conditions ".



20. In article 11, paragraph 2, the following paragraph 3 is added:



"(3) the authorized person is required to immediately after delivery of the decision on the

authorization to conclude the Treaty on liability insurance.

No later than 30 days from receipt of an authorization decision shall submit to the

the authorized person proof of insurance office, otherwise, its authorization

ceases to exist. ".



Paragraphs 3 to 6 shall become paragraphs 4 to 7.



21. in section 11 (1) 4, after the words "the law", the words "and the regulations

the Government adopted for its implementation ".



22. in article 11, paragraph 5 is added:



"(5) meets the obligations of the notified body or the conditions laid down in

This Act or in the regulations issued by the Government for its implementation and in

a decision on the authorization lapses if the need for the existence of an authorized

of the person or, if the authorized person shall ask the Authority, after consultation with

participating ministries and other central administrative authorities

the decision to amend or withdraw the authorisation. "



23. in article 11, the following paragraph 8 is added:



"(8) if it appears from an international treaty, 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 the products. ".



24. under section 11 is added to § 11a, which including the title reads as follows:



"§ 11a



Authorized persons



(1) an authorized person shall ensure to the extent defined in the decision

authorization activities when assessing the conformity of products, including

the assessment of the activities associated with their manufacture and defined in

technical regulations, with the requirements of the technical regulations.



(2) an authorized person shall be required to




and to conclude, on the basis of the proposal) of the manufacturer or importer of the treaty implementation

acts according to the established procedure for conformity assessment or within 20

days to announce the conditions for the implementation of such operations,



(b)) to perform the technical findings of the objectively with professional care at the

the level of knowledge, science and technology, known at the time when they are executed,



(c)) within the scope of regulations issued by the Government to implement this

law



1. issue certificates on the basis of the technical findings or other

documents,



2. provide copies of certificates or other documents, including

related documents and information on the issue, refusal or cancellation

certificates or other documents to the Office or other authorized persons

and in the cases provided for the performance of international agreements also

foreign persons



(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) if the notified body finds in the performance of its activities, that the product

may jeopardize or threaten the legitimate interest shall declare to the authority immediately

supervision.



(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. ".



25. in § 12 para. 1 (b). and the comma at the end) is replaced by a semicolon and

These words are added: "the ministries and other central administrative authorities

may, exceptionally and in the public interest, such as for troubleshooting

the consequences of accidents or natural disasters, may decide that a particular

the product is not considered to be provided for the product ".



26. in § 12 para. 1 (b). (b)) shall be deleted, the word "the" and the words "If

they are governed by specific provisions "shall be replaced by the words" which shall

the products comply with the relevant provisions, and amendments to Ordinances

(technical regulations) issued by the ministries and other Central

the administrative offices, if it was a contradiction with the regulations of the Government ".



27. in § 12 para. 1 (b). (c)) at the end of the dot is replaced by a comma and

the following point (d)), which read as follows:



"(d)) the definition of the categories of persons or persons engaged in or

involved in the conformity assessment. ".



28. in § 12 para. 4 (b). and) the words ", where appropriate, by an accredited

the person ".



29. in § 12 para. 4 (b). (c)), after the words "specific properties" is inserted

the word "products".



30. in § 12 para. 4 (b). (d)), after the words "production quality" the words

"or elements of the quality system".



31. in § 12 para. 4 (b). (e)), after the words "product quality"

the words "or of the elements of the quality system".



32. In section 12 at the end of paragraph 4, the dot is replaced by a comma and the following

the letters i) and (j)) are added:



"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 person. ".



33. In article 12, paragraph 5 and paragraph 7, including footnote # 3)

shall be deleted.



The present paragraph 6 becomes paragraph 5.



34. In section 13 shall be inserted after paragraph 3 a new paragraph 4 to 7 shall be inserted:



"(4) the Government regulations issued pursuant to § 12 para. 1 lays down, when you can,

or when it is necessary for the fulfilment of international treaty instead of the release

the Declaration of conformity for products originating in the Czech Republic or in the

States with which the relevant international treaty is agreed, put a

the CE marking, or other, Government Ordinance provided for the designation

every product. In the cases provided for by the regulations of the Government can be used to indicate

CE, or other designation used only under the conditions in regulation

laid down.



(5) the obligation of the importer to issue a declaration of conformity in accordance with paragraph 2, or

referred to in paragraph 4 shall not apply to products resulting in

States with which the relevant international treaty is agreed, if you

imports comply with the provisions of paragraph 4.



(6) the Government provides for the graphic design of the CE marking, or other

provided for the designation, their design and location on the product, its

the packaging or on the accompanying documents. The CE marking may be placed on the

the product, only if the product meets the requirements of all the technical

the regulations, in which the obligation or option to place on the

the product of the CE marking. If the CE marking on the product or other

provided for the designation of the product shall not be concurrently tagged with Czech brand

matches or tag that as to the meaning or form could lead to

confusion with the CE marking, or other prescribed marking.



(7) 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 other authorized persons, and in the cases provided for in

for compliance with international treaties also foreign people. ".



Paragraphs 4 to 6 shall be renumbered as paragraphs 8 to 10.



35. In paragraph 13 is at the end of paragraph 8, the following sentence:



"In the case of the imports referred to in the cases provided for in paragraph 4

the CE marking or the indication laid down in the regulations of the Government does not have the

documents about the importer how the conformity of the store

on the territory of the Czech Republic, however, it shall ensure their submission

at the request of the supervisory authority a reasoned suspicion of danger

serious threat to a legitimate interest and laid down in a reasonable time, and

in a language prescribed by regulation of the Government. ".



36. In § 13 para. 9 the introductory sentence, the words "the Distributor shall not" be inserted

the words ", with the exception of products bearing the CE MARKING, or other designation

laid down in the regulations of the Government within the meaning of paragraph 4, which establishes

to have origin in the States, with whom it is agreed appropriate international

contract within the meaning of paragraph 4, "and the letter a) is added:



"and on the spot immediately) submit to them,".



37. In article 13, the following paragraph 11, which read:



"(11) the obligations of the manufacturer or importer referred to in § 13, whose

details provided by government regulation, can be also a person authorized by the

manufacturer or importer. If these persons do not fulfil that obligation, it is

the obligation to ensure their fulfilment of the person as the last lists

established product on the market. ".



38. In § 14 para. 1, after the word "procedure", the words "launched on

the application of the legal entity or natural person who is an entrepreneur, "and

the words "legal or natural person, who has asked, ' shall be deleted.



39. In article 15, paragraph 2. 3, after the words "accrediting the person" the words

"the obligation or".



40. in article 15, paragraph 2. 5, after the words "in the field of accreditation," the words

"that has a direct relationship to the activities under this Act".



41. In article 16(1). 1, the words "or person" shall be replaced by "person

or a natural person who is an entrepreneur ".



42. In § 17 paragraph 2. 1, after the words "(certificates, certificates, etc.)"

the words "or foreign brands" and the words "the documents certifying"

are replaced by the words "evidence".



43. section 18, including footnote # 4):



"section 18



Supervision over whether for specified products placed on the market, was released

Declaration of conformity and or in the cases set out in § 13 para. 4 was

product marked with the prescribed manner, or to him or be accompanied by a

ID and whether the properties of the specified products placed on the market

correspond to the established technical requirements, conducts the Czech trade

inspection, ^ 4) where appropriate, the authority established by a special law (hereinafter referred to as

"the supervisory authority").



4) Act No. 64/1986 Coll., as amended. ".



44. In § 19 para. 1 (b). a) after the word "certificate", the words ",

other document issued by an authorized person in connection with the assessment of

conformity ".



45. In section 19 para. 1 (b)):



"(b)) placed on the market or distributed specified products without declaration of

conformity or with deceptive or unauthorized certificate of conformity or without

provided for marking the Czech brand of conformity or in the cases provided for in

in § 13 para. 4 without the CE mark or of another sign set

the Government Ordinance or with deceptive or unauthorized CE marking, or

other designation laid down by regulation of the Government, ".



46. In § 19 para. 2, after the word "importers" the word "or" is replaced by

the comma after the word "distributors" are inserted after the words "or to any other person

laid down in the regulations of the Government ", the number" 4 "shall be replaced by the figure" 8 "and

the number "5" shall be replaced by the figure "9".



47. In section 19 para. 3 (b). (d)) at the end of words ", or other

the document issued by an authorized person in connection with the assessment of

of conformity ".



48. In paragraph 20, the following shall be added at the end of the sentence:



"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 for a further 60 days the Ministry. ".



49. In paragraph 22, the words "to implement" the words "§ 2 (b). (b)), § 7

paragraph. 4, § 11 (1) 2, section 11a. 2, ".



Article II



1. in the set of products whose delivery was contracted before the

entry into force of the Act and are intended to be put into service as

part of the investment work started before the entry into force of this

of the Act, the manufacturer or importer to apply only the law in force in


the time of the conclusion of a specific contract for the supply of these products.



2. The notified body, that have received a certificate of authorization before

entry into force of this law, is obliged to conclude a contract of insurance

liability under section 11 (1) 3 within 30 days of the effective date of

This law, otherwise the authorization expires.



PART TWO



cancelled



Article. (III)



cancelled



PART THREE



Amendment of the Act on the State vocational safety surveillance work



Article IV



Act No. 174/1968 Coll., on State specialized supervision of work safety,

as amended by Act No. 576/1990 Coll., Act No. 159/1992 Coll. and Act No.

47/1994 Coll., is amended as follows:



1. In article 1 (1). 2, after the word "established" the words "exclusively for the

this purpose ".



2. In article 3, paragraph 3. 2 the dot at the end is replaced by a comma and the following

subparagraph (c)), including footnote 1a) is inserted:



"(c)) on the technical device, before placing them on the market, if they are

the conformity assessment provided for by a special Act, ^ 1a) if

Government Regulation, issued for its implementation, provides otherwise.



1A) section 12 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Coll. ".



PART FOUR



Amendment of the Act on fire protection



Article. In



In Act No. 133/1985 Coll., on fire protection, as amended by Act No.

425/1990 Coll., Act No. 41/1994 Coll., Act No. 209/1994 Coll. and Act No.

163/1998 Coll., in § 32 para. 1 (b). (c)) at the end of the dot is replaced by

the comma and the following words including footnotes. 2a)

"with the exception of the products set out to conformity assessment

a special law, ^ 2a) if government regulation, issued for its implementation,

provides otherwise.



2A) section 12 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Coll. ".



PART FIVE



Amendment of the law on mining activities, explosives and the State Mining Administration



Čl.VI



In Act No 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,

Act No. 171/1993 Coll. and Act No. 128/1999 Coll., section 8 of the following

paragraph 6, including footnote No. 6a):



"(6) the provisions of paragraphs 1 to 5 shall not apply to products before they are

placing on the market, if they are set for the assessment of conformity under a special

^ 6a) Act if the Government Regulation, issued for its implementation, unless the

otherwise.



6a) section 12 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Coll. ".



PART SIX



cancelled



Article. (VII)



cancelled



PART SEVEN



cancelled



Article. (VIII)



Article. (VIII)



cancelled



PART EIGHT



Amendment of the Act on rail



Article. (IX)



In Act No. 266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll. and

Act No. 23/2000 Coll., section 47, paragraph 4, including the footnotes.

7 d) is added:



"(4) the railway administrative authority shall issue a certificate of the specified technical

devices on the basis of technical inspection and testing, which shall ensure

the manufacturer specified technical equipment at their own expense by a legal person,

to be determined by the Ministry of transport and communications, or by a declaration

the manufacturer on the conformity of the product with the technical rules. ^ 7 d)



7 d) section 13 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Coll. ".



PART NINE



Change of the Atomic Act



Article. X



In Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended by Act No. 82/1998 Coll., section 23 paragraph 1. 1 at the end of

the following sentence, including footnote No. 13a) sounds



"The assessment of the conformity of the products under the special procedures of the law ^ 13a) is replaced by the

type approval authority and thus assessed products shall be considered as type-

approved in accordance with this Act, if the Government Regulation, issued for the implementation of

a special law, ^ 13a) provides otherwise.



13A) section 12 and 13 of Act No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts, as amended by Act No.

71/2000 Coll. ".



PART TEN



Amendment of the Act on the Czech commercial inspection



Article. XI



In Act No. 64/1986 Coll., on Czech commercial inspection, as amended by Act No.

240/1992 Coll., Act No. 22/1997 Coll., Act No. 110/1997 Coll. and Act No.

189/1999 Coll., in § 2 (2). 2 (a). (g)) is replaced by the word "the" with the word

"and" and the words "shall be deleted and the conformity assessment requirements".



PART ELEVEN



The EFFECTIVENESS of the



Article. (XII)



This Act shall take effect on the date of publication.



Klaus r.



Havel, v. r.



Zeman in r.