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.