Advanced Search

Amendment Of The Act On Technical Requirements For Products

Original Language Title: změna zákona o technických požadavcích na výrobky

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
100/Sb.



LAW



of 21 June 1999. March 2013,



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

products and amending and supplementing certain acts, as amended

the laws of the



Parliament has passed the following Act of the United States:



Article. (I)



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

to certain laws, as amended by law No 71/2000 Coll., Act No.

102/2001 Coll., Act No. 204/2002 Coll., Act No. 228/2003 Coll., Act No.

277/2003 Coll., Act No. 186/2006 Coll., Act No. 229/2006 Coll., Act No.

481/2008 Coll., Act No. 281/2009 Coll., Act No. 490/2009 Coll., Act No.

155/2010 Coll. and Act No. 34/2006, is amended as follows:



1. in article 1, the following paragraph 3, including footnote # 10

added:



"(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.



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. '.



2. In paragraph 7, at the end of paragraph 7, the period is replaced by a comma and the following

c) to (e)) including footnote No 11:



"(c)) entities 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.



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. '.



3. at the end of the text of section 9, the words "and in the case of construction products with

the CE marking of assessment and verification of constancy of their properties by directly

the applicable regulation for the construction products ".



4. In article 11 (1) 2 at the end of paragraph (e)) the comma is replaced by a dot and the

the letter f) shall be deleted.



5. in section 11a, the following new section 11b and 11 c, including notes below

line 12 to 15:



"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.



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. ".



6. In § 13 para. 8, the second sentence shall be deleted.



7. in article 13, the following paragraph 3 is added:



"(3) paragraphs 1 and 2 shall not apply to construction products with the designation

The CE MARKING, the placing and making available on the market adjusts a directly applicable regulation

for building products. ".



8. in section 13b is inserted a new section 13 c is inserted:



"§ 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 any language. ".



9. in section 16 of title reads: "accreditation".



10. in article 16 paragraphs 1 to 3 shall be added:



"(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. ".



11. in section 16 paragraph 5 to 8 are added:



"(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. ".



12. in article 16, the following paragraph 9 is added:



"(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 a complaint. ".



13. section 17 including the title reads as follows:



"§ 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 prior to expiry of the accreditation granted. ".



14. in section 18 para. 1, after the words "laid down by law"

the words "whether they are building products with the CE marking placed and delivered

on the market in accordance with a directly applicable regulation for construction products

whether economic operators shall carry out their obligations under this law and the

directly applicable code for construction products ".



15. in section 18 para. 2 (a). a) after the word "Act", the words "or

directly applicable regulation for construction products "and the words", where appropriate,

regulations issued for its implementation "are replaced by the words" regulations

issued for its implementation, or directly applicable legislation for

construction products ".



16. in section 18 para. 2 (a). (b)), after the words "fulfil the requirements of this Act"

the words "or a directly applicable regulation for construction products"

and after the words "does not meet the requirements of this Act" shall be inserted the words "or

directly applicable regulation for construction products ".



17. in paragraph 3 of section 18 reads as follows:



"(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)) (1). ".



18. In paragraph 18, the following paragraphs 4 and 5, including the footnotes

# 16:



"(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.



16) Article. 11 to 14 and article. 43 regulation of the European Parliament and of the Council (EU) No.

305/2011. ".



19. in paragraph § 18a. 1, after the words "the law", the words "or directly

the applicable regulation for the construction products ".



20. in paragraph § 18a. 3, after the words "the law", the words "or directly

the applicable regulation for the construction products ".



21. in section 18b, the following paragraph 7 is added:



"(7) paragraphs 1 to 6 shall not apply to construction products with the designation

CE marking. ".



22. the following section is inserted after section 18b 18 c, which including the title reads as follows:



"section 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. ".



23. in section 19 para. 1, letter a) is added:



"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, ".



24. In article 19(a)(1). 1, letter a) is added:



"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, ".



25. In section 19(a)(1). 1 (b). (d)), the word "or" is deleted.



26. in section 19(a)(1). 1 letter e) is added:



"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, ".



27. in section 19(a)(1). 1, the following points (f) and (g))) are added:



"(f)) fails to meet 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). c) or (d)). ".



28. in section 19(a)(1). 3 at the end of subparagraph (a)) the following the word "or".



29. in section 19(a)(1). 3 at the end of subparagraph (b)) a comma is replaced by a dot and the

subparagraph (c)), and (d)) shall be deleted.



30. In article 19a shall be inserted after paragraph 4 of the new paragraphs 5 and 6 are added:



"(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 the construction products. ".



The present paragraph 5 shall become paragraph 7.



31. in section 19(a)(1). 7 (b). and), after the words "of an administrative offence under the"

the words "paragraph 1 (b). (f)) or g) or ".



32. In article 19(a)(1). 7 at the end of the text of the letter b), the words "or

paragraph 6 (a). and) ".



33. In article 19(a)(1). 7 (b). (c)), the words "or of paragraph 2" shall be replaced by

"paragraph 2 or to paragraph 6 (b). b), c) or (d)) ".



34. In article 19(a)(1). 7 at the end of the text of subparagraph (d)), the words "or

5. "



35. In section 19b paragraph 4 is added:



"(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. ".



36. In paragraph 20, the phrase first, including footnote No 7 is deleted.



Article. (II)



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.



Article. (III)



Shall be repealed:



1. Government Regulation No. 190/2002 Coll., laying down technical

requirements for construction products called CE.



2. Government Regulation No. 128/2004 Coll., amending Decree-Law No.

190/2002 Coll., laying down technical requirements for construction products

called CE, as amended by Government Decree No. 251/2003 Coll.



Article. (IV)



The effectiveness of the



This law shall enter into force on the fifteenth day following the date of its publication,

exception of the provisions



and) article. I, points 7, 8, 14 to 16 and 18 to 35 and article. (III) which shall take

from 1 January 2000. July 2013,



(b)) article. I, point 13, which becomes effective on January 1. January 2014.



Němcová in r.



Zeman in r.



Nečas in r.