342/2003 Coll.
GOVERNMENT REGULATION
of 3 July 2003. September 2003,
amending Government Decree No. 9/2002 Coll., laying down
the technical product requirements in terms of noise emission
Government decrees for the implementation 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., Act No. 102/2001 Coll. and Act No. 204/2002 Coll.:
Article. (I)
Government Regulation No. 9/2002 Coll., laying down technical requirements for
products in terms of noise emission, is amended as follows:
1. In article 1 (1). 1 (b). a) after the word "device" the words
"used in the outdoor area".
2. In article 1 (1). 1 (b). (b)), after the word "device" the words
"used in the outdoor area".
3. in section 1, paragraph 2, including footnote # 2):
"(2) for the device used in the outdoor area is considered to be any
under its own power is moving or transport capable of machinery referred to in
a special legal regulation, ^ 2) as well as the machinery referred to in
special legal regulation ^ 2) with no drive train, used for
industrial purposes or for the purposes of nature conservation, that is, regardless of the
the drive system of the part or parts intended for use in the outdoor
space and that this space is straining the noise, if placed on the market
as a whole, and is suitable for use by the manufacturer. For the use in
outdoor space also means the use of subject to the conditions under which
the transmission of sound is not or almost is not restricted (for example, in tents,
rain shelters, or in the shell of the buildings).
2) § 1 (1). 2 of Decree-Law No. 24/2003 Coll., laying down
technical requirements to machinery. ".
4. In section 1, paragraphs 3, 5 and 7 shall be deleted. Paragraphs 4 and 6,
become paragraphs 3 and 4.
5. in section 1, paragraph 4 reads:
"(4) the activities of a manufacturer, if it is so stipulated in this regulation,
can ensure that the authorized representative [section 2 (b), (f)) of the Act]. ".
6. In article 2 (2). 3 the words "the power of less than 350 kW"
be deleted and the words "atmospheric pressure by 10%" shall be replaced by the words "110
KPA ".
7. In article 2 (2). 6 to 10, 12 and 16, the words "the power of less
than 500 kW "are deleted.
8. In article 2 (2). 13 the second sentence is part of a sentence for a semicolon, including
the semicolon is deleted.
9. in section 2 (2). 18, the words "the power of less than 3 kW"
shall be deleted.
10. In section 2 (2). 26, the word "single" is replaced by
"disc".
11. In paragraph 2 (2). 58, the words "and microwave" shall be replaced by
refrigerator, freezer and electric or microwave oven ".
12. section 3 reads as follows:
"§ 3
Facilities are provided for products referred to in section 12 paragraph 1. 1 (b). and the law. ").
13. section 4 reads as follows:
"§ 4
The device can be placed on the market and/or put into service only if they comply with the
the following technical requirements:
and) are visibly, legibly and permanently marked with the indication of the guaranteed
sound power level, corresponding to the specimen in annex No.
10 to this regulation,
b) guaranteed sound power level equipment listed in annex
# 1 this regulation does not exceed the maximum permitted emission levels
noise laid down in annex 4 to this regulation. ".
14. in § 5 para. 1, in the introductory part of the provisions, the words "or of the importer"
replaced by the words ", where appropriate, the authorised representative '.
15. in § 5 para. 1 (b). (b)), the words "verification unit" shall be replaced by
"verification of the individual".
16. in § 5 para. 2, the words "or of the importer" shall be replaced by "where appropriate,
authorized representative "and the word" quality "is deleted.
17. In article 5, paragraph 4 shall be deleted.
18. paragraph 6 is added:
"section 6
(1) the evidence of conformity assessment pursuant to § 13 para. 7 of the Act include
the technical documentation to the extent referred to in annexes 5 to 8 k
of this regulation, a copy of the certificates issued in conformity assessment
by a notified body in accordance with annex 6 to this regulation, and
documentation, results and reports referred to in annex 7, point 5.
(2) the manufacturer or authorised representative shall keep the documents of
the assessment of conformity for a period fixed in annexes 5 to 8 of this
Regulation and shall provide on request of the supervisory authority. ".
19. in paragraph 7, after the word "implementation" is inserted after the word "activities".
20. section 8 including footnote # 10) is added:
"section 8
(1) equipment which meets the technical requirements laid down in this
Regulation, the manufacturer, or authorised representative must affix a visible,
legible and permanent the CE marking in accordance with the particular legal
^ 10) and regulation issues it EC declaration of conformity containing the
the requirements set out in annex 11 to this regulation. Granting Of Ec
the Declaration of conformity for CE marking.
(2) a copy of the EC declaration of conformity, the manufacturer, or
the authorized representative for a period of 10 years from the termination of production of the device and the
request to provide for the needs of supervision.
(3) the manufacturer or the authorised representative shall send a copy of the EC declaration
of conformity for each type of device, the Bureau of standards,
Metrology and testing and the European Commission.
10) Government Regulation No. 291/2000 Coll., laying down graphic design
CE marking. ".
21. section 9 reads as follows:
"section 9
The device can be placed on the market and/or put into service only if they
and if) meets the technical requirements laid down in paragraph 4,
(b)) shall be borne by a visible, legible and durable CE marking in accordance with the
special legislation, 10) and
(c)), where it is by the manufacturer, or authorised representative accompanied by
EC declaration of conformity containing the particulars set out in annex # 11
to this regulation. ".
22. in section 10, paragraph 1. 1, the word "any" is replaced by "i" and number
"11" shall be replaced by the number "10".
23. in annex No. 1 c), (f)), g), (h)), i), l), m), p) and s) are added:
"c) compressors for power less than 350 kW,
(f)) of the power of the dozers of less than 500 kW
g) dump trucks on the power of less than 500 kW
h) excavators, rope-operated excavators and of power
less than 500 kW
I) excavators-loaders of power, less than 500 kW
l) landfill compactors, loader-type with bucket of power
less than 500 kW
m) lawn mowers (grass cutting machine), with the exception of agricultural and
forestry equipment, and multi-purpose devices, the further the main part with
self propelled has installed capacity of more than 20 kW
p) loaders installed performance of less than 500 kW
s) motor-cultivators of the power of less than 3 kW ".
24. in annex 2 (e)), the word "single" is replaced by
the word "disc".
25. In annex 3 of the introductory part of the text reads as follows:
"The manufacturer or authorised representative shall determine the level of sound
device performance procedure laid down one of the basic standards for
noise emission and the General amendments to the basic standards for
operating conditions laid down in part B of this annex. Basic standards
for noise emission and General additions to the basic standards
provides section A of this annex. In the event that a procedure based basic
the standards listed in part A of this annex has led to each other different
results, or in the case of doubt, the manufacturer
where appropriate, the authorised representative to determine the sound power level
always the recommended baseline standard for the appropriate device
laid down in part B of this annex under the operating conditions specified in the
part B of this annex. Sound power level Lwa "means the level of
the a-weighted sound power functions and, in reference to the
the reference to that of 1 pW as defined in EN ISO 3744 and
ČSN ISO 3746.
Sound power level of the device can be determined based on the values
measured on an individual device, or on the basis of the average of the values of
measured in a number of devices of this type. The identified level
sound power level of the device used for the determination of the guaranteed levels
sound devices (§ 2 para. 59). ".
26. in annex 3, part B, paragraph 6, the word "single" is replaced by
the word "disc".
27. in annex 5, points 1 and 2 shall be added:
"1. this annex lays down the procedure whereby the manufacturer, or the authorised
Representative ensures and declares that the equipment is in accordance with the requirements of
of this regulation. The manufacturer, or authorised representative shall draw up for
each device EC declaration of conformity according to § 8 and marks the device in
accordance with paragraph 4 (b). and) and § 8.
2. the manufacturer, or authorised representative shall draw up and keep
the technical documentation for a period of 10 years from the termination of production of the device and the
request, it will provide for the needs of supervision. The manufacturer, or
the authorized representative may entrust to the retention of technical documentation
any other person. ".
28. in annex 5, point 3, the words "established, permanent address
residence or place of business in a Member State of the European Union (section 1 (1).
6) "be deleted, the words" relating to the identification of the equipment "shall be replaced by
the words "relevant to the identification of the equipment", the words "including where appropriate
Schematic diagram and any description or explanation required
for his understanding of "shall be replaced by the words" including schematic sketch,
description or explanation if they are needed for their understanding "and the words
"and the evaluation of the uncertainties relating to the guaranteed
sound power level, that are caused by variations in the production "
replaced by the words "and the results of the evaluation of the uncertainties due to variations
in production, as well as their impact on the guaranteed level of sound
the performance ".
29. in annex 5, point 5 is added:
"5. the evaluation carried out by the authorized agents prior to the placing of the device
on the market
Before placing the first deliveries of equipment on the market, the manufacturer, or
authorised representative shall present a copy of the technical documentation of the authorized
the person he chooses.
If there are doubts concerning the correctness of technical
documentation, it shall inform the notified body of the manufacturer, where applicable,
authorised representative and, if necessary, carry out or have carried out
adjustment of technical documentation, where appropriate, the necessary tests.
As soon as the notified body shall issue a report confirming that the technical
the documentation is in accordance with the requirements of this regulation, the manufacturer may,
where appropriate, the authorised representative shall affix the CE marking to the equipment and issue
EC declaration of conformity. In conformity with the requirements of this regulation
the manufacturer takes full responsibility. "
30. in annex 5, point 6.1, the words "section 8 or 10" shall be replaced by ' paragraph 4
(a). a) and section 8 "and the words" a declaration of conformity in accordance with section 8 or 9 "
replaced by the words "the issue of the EC declaration of conformity according to § 8".
31. in annex 5, point 6.2, the words "section 8 or 10" shall be replaced by ' paragraph 4
(a). a) and section 8 "and the words" a declaration of conformity in accordance with section 8 or 9 "
replaced by the words "the issue of the EC declaration of conformity according to § 8".
32. the title of annex # 6: "the VALIDATION of an INDIVIDUAL".
33. in annex 6, point 1:
"1. this annex lays down the procedure whereby the manufacturer, or the authorised
Representative ensures and declares that the equipment which has been exposed to
the certificate of conformity referred to in point 4, is in conformity with the requirements of this
of the regulation. The manufacturer, or authorised representative shall draw up for each
the device EC declaration of conformity according to § 8 and marks the device in accordance with the
section 4 (b). and) and § 8. ".
34. In annex 6, point 2, first sentence, the word "unit" shall be replaced by
"an individual device" and the words "or of the importer" shall be deleted.
35. In annex 6, point 2, second sentence, the word "unit" shall be replaced by
"an individual device", the words "established, permanent address
residence or place of business in a Member State of the European Union (section 1 (1).
6) "shall be deleted, the words" relating to the identification of devices "
replaced by the words "relevant to the identification of the equipment" and the words
"where appropriate, including schematic sketch and any description or
explanation required for its understanding of "shall be replaced by the words" including
Schematic diagram, description or explanation if they are necessary for the
their understanding. "
36. in annex No 6 section 5 is added:
"5. the manufacturer, or authorised representative holds the technical
documentation along with a copy of the certificate for a period of 10 years after the
equipment on the market and shall provide on request of the supervisory authority. ".
37. in annex # 7 item 1 reads as follows:
"1. this annex lays down the procedure whereby the manufacturer ensures and
declares that the device complies with the requirements of this regulation.
The manufacturer, or authorised representative shall draw up for each device
EC declaration of conformity referred to in section 8 and marks the device in accordance with paragraph 4 (b).
and) and § 8. ".
38. In annex 7 section 3.1 reads as follows:
"3.1 the manufacturer shall present application for assessment of his quality assurance system
the quality of the authorized person's choice.
Application for assessment of the quality assurance system contains
-all the necessary information about the device, including the category under consideration
technical documentation of all equipment in preparation for production or
produced, which contains at least the following information:
-business name and address of the manufacturer, or the authorised representative,
-description of the device,
-the factory tag
-the trade name,
-type, series and the production or serial number,
-the technical data relevant for the identification of the equipment and the assessment of its
noise emission, including schematic diagram, description or explanation
If they are necessary for their understanding
-reference to this regulation,
-the technical report of noise measurements carried out in accordance with annex 3 to the
of this regulation,
-the technical instruments applied and the results of the evaluation of the uncertainties due to
variations in production, as well as their impact on the level of guaranteed.
sound power level,
-the documentation concerning the quality assurance system. ".
39. In Appendix No. 7 to point 3.2 of the first sentence after the word "system" is inserted
the word "assurance" and the words "laws that apply to them
apply "shall be replaced by the words ' of this regulation '.
40. In annex 7 to the third sentence of paragraph 3.2 is replaced by the phrase "documentation
the quality assurance system shall be carried out in such a way as to
ensure a consistent interpretation and understanding of the policies and procedures of the system,
including all programmes, plans, manuals and reports. ".
41. In Appendix No. 7 to section 3.3 of the first sentence, the words "quality management"
replaced by the words "quality control" and the words "used by the systematic
practices and activities "are replaced by the words" that are used by the procedures and
systematic actions ".
42. In Appendix No. 7 to section 3.3 of the second and third sentences are replaced by the phrases
"The notified body shall assess the quality assurance system meets the
the requirements of point 3.2. Quality assurance systems, which establishes a
CSN EN ISO 9001, compliance with these requirements. ".
43. in annex # 7 point 3.3 is replaced by the sixth and seventh sentences sentences
"The outcome of the assessment of the quality system shall contain the conclusions
from the checks and proper justification. The result of the assessment of the notified
the notified body the manufacturer. ".
44. In Appendix No. 7 to point 3.4 of the first sentence after the word "system" is inserted
the word "assurance".
45. In Appendix No. 7 to point 3.4 of the second sentence after the word "system" is inserted
the word "assurance" and "quality system" shall be replaced by
"this system".
46. in annex # 7 point 3.4 is replaced by a third to fifth sentences sentences
The notified body shall evaluate the proposed "changes in terms of whether the system
quality assurance will be even after changing to meet the requirements of paragraph 3.2, or
whether you need to perform an entirely new assessment system
the quality. The result of the evaluation of the proposed changes must contain the conclusions of the
checks and proper justification. The result of the assessment indicates the authorized
person. ".
47. In annex 7 section 4.1, after the words "the system" shall be replaced
"quality assurance".
48. In Appendix No. 7 to paragraph 4.3, after the words "the system" shall be replaced
"quality assurance".
49. in annex # 7 points 5 and 6 are added:
"5. the manufacturer, or the authorised representative shall be obliged to at least
10 years after the end of production equipment store and, upon request, for the purposes of
supervision to provide
-the documentation concerning the quality assurance system,
-the results of the assessment of the quality assurance system referred to in point 3.3 and
the results of the evaluation of the proposed changes referred to in section 3.4,
-reports of audits and visits in accordance with sections 4.3 and 4.4 and
test reports in accordance with section 4.4.
6. each notified body shall give the other
authorized persons information regarding the processed results
assessment of the quality assurance system, or its changes. ".
50. the title of Annex No. 8: "the INTERNAL CONTROL of production '.
51. In Annex 8, paragraphs 1 and 2 shall be added:
"1. this annex lays down the procedure whereby the manufacturer, or
authorised representative ensures and declares that the equipment is in
accordance with the requirements of this regulation. The manufacturer, or the authorised
the representative shall draw up for each device EC declaration of conformity referred to in section 8 and
marks the device in accordance with paragraph 4 (b). and) and § 8.
2. the manufacturer, or authorised representative shall draw up and keep
the technical documentation for a period of 10 years from the termination of production of the device and the
request, it will provide for the needs of supervision. The manufacturer, or
the authorized representative may entrust to the retention of technical documentation
any other person. ".
52. In Annex 8, point 3, the words "established, permanent address
residence or place of business in a Member State of the European Union (section 1 (1).
6) "be deleted, the words" relating to the marking of the equipment "shall be replaced by
the words "relevant to the identification of the equipment", the words "including where appropriate
Schematic diagram and any description or explanation required
for his understanding of "shall be replaced by the words" including schematic sketch,
description or explanation if they are needed for their understanding "and the words
"and the evaluation of the uncertainties relating to the guaranteed
sound power level, that are caused by variations in the production "
replaced by the words "and the results of the evaluation of the uncertainties due to variations
in production, as well as their impact on the guaranteed level of sound
the performance ".
53. In Annex 8, paragraph 4, the words "or the importer ' shall be deleted.
54. Annex 10 shall be deleted, renumber annexes 11 and 12 are referred to
as the annex No. 10 and 11.
55. In annex 10, the words "shall consist" is replaced by "
composed ".
56. In annex 11 of the introductory part of the text reads: "EC declaration of conformity
include the following information: ".
57. in annex # 11 a), (b)) and k) are added:
"and the identity of the manufacturer, where applicable) of the authorised representative (name and
last name or business name, address of domicile or place of
business and identification number, if assigned, if the person
physical, or the name or business name, registered office and identification number,
If it was allocated, in the case of a legal person),
b) identify the person who keeps the technical documentation (the name and
last name or business name, address of domicile or place of
business and identification number, if assigned, if the person
physical, or the name or business name, registered office and identification number,
If it was allocated, in the case of a legal person),
k) name, surname and position of the person authorized on behalf of the manufacturer or
authorized representative to sign the EC declaration of conformity and the
signature. ".
Article II
This Regulation shall enter into force on the date of the Treaty of accession of the Czech
Republic to the European Union enters into force.
Prime Minister:
PhDr. In r.
The Minister of the environment:
RNDr. Ambrozek in r.
