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COMMERCE BUSINESS DAILY ISSUE OF MARCH 6,1996 PSA#1545

CZECH REPUBLIC: DRAFT-ACT ON TECHNICAL REQUIREMENTS FOR PRODUCTS The following notification is being circulated in accordance with Article 10.6. G/TBT/Notif. 96.24. 1. Member to Agreement notifying: CZECH REPUBLIC. If applicable, name of local government involved (Articles 3.2 and 7.2): 2. Agency responsible: Ministry of Economy. 3. Notified under Article 2.9.2. 4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): All the products which could, when used, endanger the health and safety of persons and property, with the exception of those covered by other laws and relevant implementary regulations. 5. Title and number of pages of the notified document: Draft Act on Technical Requirements for Products and on the Amendment of Some Relevant Acts (available in English, 17 pages). 6. Description of content: The Act codifies: (a) The method of determination of technical requirements relating to products which could endanger the health and/or safety of persons and property; (b) the rights and obligations of producers, importers and distributors of products that place on the market products which could endanger the health and/or safety of persons and property; (c) the rights and obligations of legal entities or natural persons carrying out activities under this Act relating to the drafting and application of Czech Standards and to State testing. The draft Act consists of three parts: Part I: Technical requirements for products includes the following Articles: Technical Regulations; Czech Technical Standards; Creation of Czech Standards; Conditions for Drafting, Approving and Issuing of Czech Standards; Notification Obligations; Obligations of Producers, Importers and Distributors Concerning the Placing of Products on the Market; State Testing; Certification; Authorization; Products Conformity Assessment; Declaration of Conformity; Accreditation; Conditions for Authorization of Accreditation Bodies; Certificate on Accreditation; Recognition of Foreign Documents and Marks; Surveillance; Penalties; Proceedings; and Powers. Part II: Amendments to some relevant Acts amend: Act No. 64/1986 Coll., on Czech Trade Inspection, in the wording of the Act No. 240/1992 Coll., and Act No. 20/1993 Coll., on the Assurance of the Exercise of State Administration in the Fields of Technical Standardization, Metrology and State Testing. Part III: Final provisions includes revocations of the following Acts and Decrees: (1) Act No. 30/1968 Coll., on State Testing in the wording of Acts Nos. 54/1987 Coll., 194/1988 Coll., and 479/1992 Coll.; (2) Act No. 142/1991 Coll., on Czechoslovak technical standards in the wording of Act No. 632/1992 Coll.; (3) Decree No. 104/1984 Coll., of the Office for Standardization and Measurement, on Testing of Arms and Ammunition for Use by Civilians; (4) Decree No. 585/1992 Coll., of the Federal Office for Standardization and Metrology implementing the Act No. 30/1968 Coll., on State Testing in the wording of the subsequent Decree No. 232/1993 Coll; (5) Decree No. 101/1988 Coll., of the Office for Standardization and Metrology, on the Certification of the Products, in the wording of Decree No. 233/1993 Coll. The draft Act is compatible with the relevant legal regulations of the EC. It includes the basic provisions of the Directive 92/59/EEC, on General Product Safety, and the common principles of the (1) Council (EEC) Resolution No. 90/C 10/01, on Global Approach to the Conformity assessment. (2) the Council (EEC) Decision No. 93/465 (EEC), on Modules of Conformity Assessment Stages, (3) the Council (EEC) Resolution No. 85/C 136/01, on New Approach to Technical Harmonization and Standards. 7. Objective and rationale: Health and/or safety of persons and property. 8. Relevant documents: (1) Notice will be published in the Official Journal of the COSMT; (2) Act on Technical Requirements for Products; (3) After the adoption the document will be published in the Collection of Laws. 9. Proposed date of adoption and entry into force: 1 July 1996. 10. Final date for comments: 26 March 1996. (064)

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