o vzájemném uznávání
výsledků
posuzování shody:
PLYNOVÉ SPOTŘEBIČE
ODDÍL I
PRÁVO SPOLEČENSTVÍ A
NÁRODNÍ PRÁVO
Odkaz na relevantní právo Evropského společenství:
|
Směrnice Rady 90/396/EHS ze dne 29. června 1990 o
sbližování právních předpisů členských států týkajících
se spotřebičů plynných paliv (Úř. věst. č. L 196,
26. 7. 1990, s. 15), naposledy pozměněná
směrnicí Rady 93/68/EHS ze dne 22. července 1993 (Úř. věst.
č. L 220, 30. 8. 1993, s. 1).
|
Národní právo – Česká republika:
|
Zákon č. 22/1997 Sb. (částka 6 z 27. 2. 1997), o
technických požadavcích na výrobky a o změně a doplnění
některých zákonů, ve znění zákona č. 71/2000 Sb. (částka
24 z 3. 4. 2000), zákona č. 102/2001 Sb. (částka 41
z 21. 3. 2001), zákona č. 205/2002 Sb. (částka 82 z 24.
5. 2002) a zákona č. 226/2003 Sb. (částka 79 z 31.7.2003)
Zákon České národní rady č. 64/1986 Sb. (částka 22 z
3. 11. 1986), o České obchodní inspekci, ve znění zákona
č. 240/1992 Sb. (částka 49 z 29. 5. 1992),
zákona č. 22/1997 Sb. (částka 6 z 27. 2. 1997),
zákona č. 110/1997 Sb. (částka 38 z 19. 5. 1997)
a zákona č. 71/2000 Sb. (částka 24 z 3. 4. 2000),
zákona č. 145/2000 Sb. (částka 46 z 12. 6.
2000), zákona č. 102/2001 Sb. (částka 41 z 21.
3. 2001), zákona č. 321/2001 Sb. (částka 122 z 7.
9. 2001), zákona č. 205/2002 Sb. (částka 82 z 24.
5. 2002) a zákona č. 226/2003 Sb. (částka 79 z 31.7.2003)
Nařízení vlády č.177/1997 Sb. (částka 64 z
12. 8. 1997), kterým se stanoví technické požadavky
na spotřebiče plynných paliv, ve znění nařízení vlády č.
287/2000 Sb. (částka 82 z 29. 8. 2000) a nařízení vlády č.
251/2003 Sb. (částka 85 z 6.8.2003)
|
Národní právo – Maďarská republika:
|
Vyhláška 22/1998. (IV.17.) IKIM ministra průmyslu, obchodu a
turistiky o designu vybraných spotřebičů plynných paliv a
posuzování jejich shody (Magyar Közlöny 32, 17.4.1998, p.
2629), ve znění vyhlášky 28/2000. (VIII.29.) GM ministra
hospodářství (Magyar Közlöny 89, 29. 8. 2000, s. 5527).
Vyhláška
4/1999. (II.24) GM ministra hospodářství o podrobných
pravidlech jmenování zkušebních, inspekčních a
certifikačních orgánů pro posuzování shody technických
výrobků (Magyar Közlöny 14, 24.2.1999, p. 1036), ve znění
vyhlášky 26/2001. (X.4.) GM ministra hospodářství (Magyar
Közlöny 108, 4. 10. 2001, s. 7228).
|
ODDÍL
II
NOTIFIKUJÍCÍ SPRÁVNÍ ÚŘADY
|
Česká
republika:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
Maďarská republika:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport – MET).
|
|
|
|
ODDÍL
III
NOTIFIKOVANÉ OSOBY
Česká republika:
Osoby, které byly
autorizovány Českou republikou v souladu sčeským
národním právem uvedeným v oddílu I a notifikovány Evropskému
Společenství a Maďarské republice podle článku 9 této Dohody.
Maďarská
republika:
Osoby,
které byly autorizovány Maďarskou republikou v souladu s maďarským
národním právem uvedeným v oddílu I a notifikovány Evropskému
společenství a České republice podle článku 9 této Dohody.
ODDÍL IV
ZVLÁŠTNÍ UJEDNÁNÍ
A. Ochranná
doložka pro průmyslové výrobky.
1. Učiní-li jedna ze Stran opatření pro
odepření volného přístupu na svůj trh průmyslovým výrobkům
nesoucím označení CE a podléhajícím této příloze, oznámí
to bezodkladně druhé Straně a uvede, jaké důvody vedly
k jejímu rozhodnutí a jakým posouzením se dospělo k závěru,
že výrobek nesplňuje stanovené požadavky.
2.
Strany posoudí záležitost a důkazní podklady, s nimiž byly
obeznámeny, a vzájemně si sdělí výsledky svých šetření.
3. V případě
shodného závěru učiní Strany vhodná opatření, aby takové
výrobky nebyly uváděny na trh.
4. V případě
neshody na výsledku takových šetření bude záležitost předána
Společnému výboru, který může rozhodnout o provedení
expertizy.
5. Pokud
Společný výbor shledá, že opatření je:
(a) neoprávněné,
zruší je národní správní úřad Strany, která opatření
učinila;
(b) oprávněné,
učiní Strany vhodná opatření, aby takové výrobky nebyly
uváděny na trh.
B. Výměna
informací týkajících se harmonizovaných norem.
Domnívá-li se jedna ze Stran, že harmonizovaná
norma, na kterou se odkazuje v právních předpisech uvedených
v této příloze, nevyhovuje základním požadavkům takového
právního předpisu, oznámí to Společnému výboru s uvedením
důvodů.
AGREEMENT BETWEEN THE
GOVERNMENT OF THE CZECH REPUBLIC
AND THE GOVERNMENT OF THE
REPUBLIC OF HUNGARY
ON CONFORMITY ASSESSMENT
AND ACCEPTANCE
OF
INDUSTRIAL PRODUCTS
THE GOVERNMENT OF THE CZECH REPUBLIC AND THE
GOVERNMENT OFTHE
REPUBLIC OF HUNGARY, hereinafter referred to as the "Parties",
CONSIDERING
their shared commitment to the principles of free movement of goods
and to the promotion of product quality, in order to ensure the
health and safety of their citizens and the protection of the
environment, including thorough technical assistance and other forms
of cooperation between them,
WHEREAS
the Parties have applied for membership of the European Union and
such membership implies the effective implementation of the acquis
of the European Community,
RECOGNISING
the progressive adoption and implementation of the legislation of the
European Community by the Parties,
CONSIDERING
THAT, in sectors covered by the Agreement between the Government of
the Czech Republic and the Government of the Republic of Hungary on
Conformity Assessment and Acceptance of Industrial Products
(hereinafter referred to as "Agreement"), both the Czech
and the Hungarian national laws substantially take over the
legislation of the European Community,
NOTING
the close relationship of both Parties with the European Community
and the fact that both Parties have concluded Europe Agreement
establishing an Association between the European Communities and
their Member States on one side, and the respective State on the
other side (hereinafter referred to as “Europe Agreement”) and
Protocols to these Europe Agreements on Conformity Assessment and
Acceptance of Industrial Products (hereinafter referred to as
“PECAs”) covering number of sectors,
DESIRING
to conclude this Agreement providing for the application of the
mutual acceptance of industrial products which fulfil the
requirements for being lawfully placed on the market in the territory
of the State of the Party and of the mutual recognition of the
results of conformity assessment of industrial products which are
subject to national law, and based on the sectors of their PECAs to
which this Agreement is parallel,
BEARING
IN MIND their obligations as Contracting Parties to the Agreement
establishing the World Trade Organisation done at Marrakesh on 15
April 1994, and, in particular, to the Agreement on Technical
Barriers to Trade,
HAVE
AGREED AS FOLLOWS:
ARTICLE 1
Purpose
The purpose of this
Agreement is to facilitate the elimination of technical barriers to
trade between the Parties in respect to industrial products. The
means to this end is the progressive adoption and implementation of
the European Community law into national laws of the State of the
Parties each equivalent to the law of the European Community.
This
Agreement provides for:
(1) the mutual
acceptance of industrial products, listed in the Annexes on mutual
acceptance of industrial products, which fulfil the requirements to
be lawfully placed on the market of one of the Parties;
(2) the
mutual recognition of the results of conformity assessment of
industrial products subject to national law equivalent to the law of
the European Community, and both listed in the Annexes on mutual
recognition of results of conformity assessment.
ARTICLE 2
Definitions
For the purpose of this Agreement,
– “Industrial products” means products, as specified
in Article 9 of the Europe Agreement between the Czech Republic on
one side, and the European Communities and their Member States on the
other side signed in Luxemburg on 4 October 1993 and in Protocol 3
thereto, and Article 8 of the Europe Agreement between the Republic
of Hungary on one side, and the European Communities and their Member
States on the other side signed in Brussels on 16 December 1991 and
in Protocol 3 thereto, the provisions in both above mentioned
Agreements being identical (hereinafter referred to as the “Europe
Agreements”),
- “Law
of the European Community” means any legal act and implementing
practice of the European Community applicable to a particular
situation, risk or category of industrial products,
- “National
law” means any legal act and implementing practice by which a Party
takes over the law of the European Community applicable to a
particular situation, risk or category of industrial products,
- “PECAs”
shall mean collectively the Protocol to the Europe Agreement
establishing an Association between the European Communities and
their Member States, of the one part, and the Czech Republic, of the
other part, on Conformity Assessment and Acceptance of Industrial
Products, signed in Brussels on 26 February 2001, and the Protocol to
the Europe Agreement establishing an Association between the European
Communities and their Member States, of the one part, and the
Republic of Hungary, of the other part, on Conformity Assessment and
Acceptance of Industrial Products, signed in Brussels on 26 February
2001.
The
terms used in this Agreement shall have the meaning given in national
law.
ARTICLE 3
Mutual acceptance of industrial products
The Parties agree
that, for the purpose of mutual acceptance, industrial products
listed in the Annexes on mutual acceptance of industrial products,
which fulfil the requirements to be lawfully placed on the market of
a Party, may be placed on the market of the other Party, without
further restriction. This shall be without prejudice to prohibitions
or restrictions on imports, exports or goods in transit justified on
grounds of public morality, public policy or public security; the
protection of health and life of humans, animals or plants; the
protection of exhaustible national resources; the protection of
national treasures of artistic, historic, or archaeological value or
the protection of intellectual, industrial and commercial property or
rules relating to gold and silver. Such prohibitions or restrictions
shall not, however, constitute any means of arbitrary discrimination
or a disguised restriction on trade between the States of the
Parties.
ARTICLE 4
Mutual recognition of the results of conformity assessment procedures
The Parties agree to recognise the results of conformity assessment
procedures carried out in accordance with the national law listed in
the Annexes on mutual recognition of the results of conformity
assessment. The Parties shall not require procedures to be repeated,
nor shall they impose additional requirements, for the purposes of
accepting the conformity.
ARTICLE 5
Safeguard clause
Where
a Party finds that an industrial product placed on the market in the
territory of its State by virtue of this Agreement, and used in
accordance with its intended use, may endanger the safety or health
of users or other persons, or any other legitimate concern protected
by legislation identified in the Annexes, it may take appropriate
measures to withdraw such a product from the market, to prohibit its
placing on the market, putting into service or use, or to restrict
its free movement. The Annexes shall provide for the procedures to be
applied in such cases.
ARTICLE 6
Extension of coverage
The
Parties may amend the Annexes or add new Annexes as the coverage of
PECAs is extended, in accordance with the procedure laid down in
Article 13.
ARTICLE 7
Origin
The provisions of this Agreement
shall apply to industrial products irrespective of their origin.
ARTICLE 8
Obligations of Parties as regards their authorities and bodies
1. The Parties shall ensure that the authorities under their
jurisdiction that are responsible for the effective implementation of
national law shall continuously apply it. Further, they shall ensure
that these authorities are able, where appropriate, to notify,
suspend, remove suspension and withdraw notification of bodies, to
ensure the conformity of industrial products with national law or to
require their withdrawal from the market.
2.
The Parties shall ensure that bodies, notified under their respective
jurisdictions to assess conformity in relation to the requirements of
the national law specified in the Annexes, continuously comply with
the requirements of the national law. Further they shall take all
necessary steps to ensure that these bodies maintain the necessary
competence to carry out the tasks for which they are notified.
ARTICLE 9
Notified bodies
Initially,
the bodies notified for the purpose of this Agreement shall be those
included in the lists which the Parties have exchanged before the
completion of the procedures for entry into force. Afterwards, the
following procedure shall apply for the notification of bodies to
assess conformity in relation to the requirements of national law
specified in the Annexes:
(a) a
Party shall forward its notification to the other Party in writing;
(b) on
the acknowledgement of the other Party, given in writing, the body
shall be considered as notified and as competent to assess conformity
in relation to the requirements specified in the Annexes from that
date.
If
a Party decides to withdraw a notified body under its jurisdiction,
it shall inform the other Party in writing. The body shall cease to
assess conformity in relation to the requirements specified in the
Annexes from the date of its withdrawal, at the latest. Nevertheless,
conformity assessment carried out before that date shall remain
valid, unless otherwise decided by the Joint Committee.
Only
the bodies having been notified and accepted under the PECAs can act
as a notified body in relation to this Agreement.
ARTICLE 10
Verification of notified bodies
1.
Each Party may request the other Party to verify the technical
competence and compliance of a notified body under its jurisdiction.
Such request shall be justified in order to allow the Party
responsible for the notification to carry out the requested
verification and to report speedily to the other Party. The Parties
may also jointly examine the body, with the participation of the
relevant authorities. To this end, the Parties shall ensure the full
cooperation of bodies under their jurisdiction. The Parties shall
take all appropriate steps, and use whatever available means may be
necessary, with a view to resolving any problems that are detected.
2.
If the problems cannot be resolved to the satisfaction of the both
Parties, they may notify the chairman of the Joint Committee of their
dissent, giving their reasons. The Joint Committee may decide on
appropriate action.
3.
Unless and until decided otherwise by the Joint Committee, the
notification of the body and the recognition of its competence to
assess conformity in relation to the requirements of national law
specified in the Annexes shall be suspended in part or totally from
the date on which the disagreement of the Parties has been notified
to the chairman of the Joint Committee.
ARTICLE 11
Exchange of information and cooperation
In order to ensure a correct and uniform application and
interpretation of this Agreement, the Parties, their authorities and
their notified bodies shall:
(a) exchange all relevant information concerning implementation
and application of law and practice including, in particular, on
procedure to ensure compliance of notified bodies;
(b)
take part, as appropriate, in the relevant mechanisms of information,
coordination and other related activities of the Parties;
(c) encourage
their bodies to cooperate with a view to establishing mutual
recognition arrangements in the voluntary sphere.
The
Parties may provide each other with technical cooperation and advice,
where necessary, to support the cooperation between their notified
bodies.
ARTICLE 12
Confidentiality
Representatives,
experts and other agents of the Parties shall be required, even after
their duties have ceased, not to disclose information acquired under
this Agreement which is of the kind covered by the obligation of
professional secrecy. This information may not be used for purposes
other than those envisaged by this Agreement.
ARTICLE 13
Management of the Agreement
1. A Joint Committee composed of representatives of the Parties is
hereby established. It is responsible for the effective functioning
of the Agreement.
2. The Joint Committee shall take its decisions and adopt its
recommendations by consensus.
3. The Joint Committee shall determine its own rules of procedure.
4. The Joint Committee may consider any matter related to the
functioning of this Agreement. In particular, it shall have the power
to take decisions related to:
a)
amending the Annexes, without prejudice to the relevant internal
procedures;
b)
adding new Annexes, without prejudice to the relevant internal
procedures;
c)
appointing a joint team or teams of experts to verify the technical
competence of a notified body and its compliance with the
requirements;
d)
exchanging information on proposed and actual modifications of the
Czech and the Hungarian national laws referred to in the Annexes;
e)
considering new or additional conformity assessment procedures
affecting a sector covered by an Annex;
f)
resolving any questions relating to the application of this
Agreement;.
g)
extending the scope of application of this Agreement to third
jurisdictions.
ARTICLE 14
Dispute settlement
1.
Any Party may refer any dispute relating to the interpretation or
application of this Agreement to the Joint Committee. The Joint
Committee shall endeavour to settle the dispute and must be supplied
with any information that may facilitate a thorough examination of
the situation with a view to finding a mutually acceptable
solution. For that purpose, the Joint Committee shall consider every
possible means of maintaining the smooth functioning of this
Agreement.
2.
If a dispute cannot be settled in accordance with Paragraph 1 within
six months from the reference to the Joint Committee, it may, at the
request of any Party to such dispute, be submitted to arbitration.
Either Party may notify the other of the appointment of an
arbitrator; the other Party must then appoint a second arbitrator
within two months. The Joint Committee shall appoint a third
arbitrator. The arbitrators’ decisions shall be taken by majority
vote. Each Party to the dispute must take the steps required to
implement the decisions of the arbitrators.
ARTICLE 15
Agreements with third jurisdictions
Agreements
on the mutual recognition of conformity assessment procedures
concluded by either Party with a jurisdiction which is not a Party to
this Agreement shall not entail any obligation upon the other Party
to accept the results of conformity assessment procedures carried out
in that third country, unless there is an explicit agreement between
the Parties in the Joint Committee.
ARTICLE 16
Annexes
The
Annexes to this Agreement shall form an integral part thereof.
ARTICLE 17
Entry into force and duration
1.
This Agreement shall enter into force on the first day of the second
month following the date of receipt of the latest diplomatic note
confirming the completion of respective internal procedures for entry
into force of the Agreement.
2.
Either Party may terminate this Agreement by a written notification
to the other Party. The termination shall take effect on the first
day of the third month following the date on which the notification
was received by the other Party.
Should
either Party become a Member State of the European Union, this
Agreement shall be terminated on the date of the entry into force of
the Act of Accession of either of the Parties.
Done at…………...…, on …………………...., in two
originals in the English language.
For the Government
of the Czech Republic
|
|
For the Government
of the Republic of Hungary
|
ANNEXES
ANNEXES ON MUTUAL ACCEPTANCE OF INDUSTRIAL PRODUCTS
(for the record)
ANNEXES ON MUTUAL RECOGNITION
OF RESULTS OF CONFORMITY ASSESSMENT
Table of contents
1. Machinery
2. Electrical Safety
3. Electromagnetic Compatibility
4. Hot Water Boilers
5. Gas Appliances
ANNEX ON MUTUAL RECOGNITION
OF RESULTS OF CONFORMITY ASSESSMENT:
MACHINERY
SECTION I
COMMUNITY AND NATIONAL LAW
Reference to relevant law of the European Community:
|
European Parliament and Council Directive 98/37/EC of 22 June 1998
on the approximation of the law of the Member States relating to
machinery (OJ L 207, 23.7.1998, p. 1), as amended by European
Parliament and Council Directive 98/79/EC of 27 October 1998
(OJ L 331, 07.12.1998, p. 1).
|
National law – Czech Republic:
|
Act No. 22/1997 Coll. (part 6/27.2.1997) on technical
requirements for products and on amendments to some Acts, as
amended by Act No. 71/2000 Coll. (part 24/03.4.2000), Act No.
102/2001 Coll. (part 41/21.3.2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
|
|
Act No. 64/1986 Coll. (part 22/03.11.1986) of the
Czech National Council, on the Czech Trade Inspection, as
amended by Act No. 240/1992 Coll. (part 49/29.5.1992), Act
No 22/1997 Coll. (part 6/27.2.1997), Act No. 110/1997
Coll. (part 38/19.5.1997), Act No. 71/2000 Coll. (part
24/03.4.2000), Act No. 145/2000 Coll. (part 46/12.6.2000),
Act No. 102/2001 Coll. (part 41/21.3.2001), Act No. 321/2001
Coll. (part 122/7.9. 2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
|
|
Government Order No. 170/1997 Coll. (part 60/31.7.1997), that
lays down the technical requirements for machinery, as amended by
Government Order No. 15/1999 Coll. (part 6/25.1.1999),
Government Order No. 283/2000 Coll. (part 82/29.8.2000)
and Government Order No. 251/2003 Coll. (part 85/6.8.2003)
|
National law – Republic of Hungary:
|
Decree 21/1998. (IV.17.) IKIM of the Minister of Industry, Trade
and Tourism on the safety requirements of machinery and assessment
of their conformity (Magyar Közlöny 32, 17.4.1998, p. 2606) as
last amended by Decree 29/2000. (IX.13.) GM of Minister of
Economic Affairs (Magyar Közlöny 93, 13.09.2000, p. 5712).
Decree 4/1999. (II.24.) GM of Minister of Economic Affairs on the
detailed rules on the designation of testing, inspection and
certification bodies for conformity assessment of technical
products (Magyar Közlöny 14, 24.2.1999, p. 1036), as last
amended by Decree 26/2001. (X.4.) GM of Minister of Economic
Affairs (Magyar Közlöny 108, 4.10.2001, p. 7228).
|
|
|
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SECTION II
NOTIFYING AUTHORITIES
Czech Republic:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
Republic of Hungary:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport - MET).
|
SECTION III
NOTIFIED BODIES
Czech Republic:
Bodies which have been authorised by the Czech Republic in accordance
with the Czech national law of Section I and notified to the European
Community and to the Republic of Hungary in accordance with Article 9
of this Agreement.
Republic of Hungary:
Bodies which have been authorised by the Republic of Hungary in
accordance with the Hungarian national law of Section I and notified
to the European Community and to the Czech Republic in accordance
with Article 9 of this Agreement.
SECTION IV
SPECIFIC ARRANGEMENTS
A. Safeguard clause relating to industrial products
1. Where a Party has taken a measure to deny free access to its
market for industrial products bearing the CE marking, subject to
this Annex, it shall immediately inform the other Party, indicating
the reasons for its decision and how non compliance has been
assessed.
2. The Parties shall consider the matter and the evidence brought to
their knowledge, and shall report to each other the results of their
investigations.
3. In case of agreement, the Parties shall take appropriate measures
to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the
matter shall be forwarded to the Joint Committee that may decide to
have an expertise carried out.
5. Where the Joint Committee finds that the measure is:
(a) unjustified, the national authority of the Party which has
taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to
ensure that such products are not placed on the market.
Exchange of information relating to harmonised standards
Where any Party considers that a harmonised standard referred to in
the legislation defined in this Annex does not meet the essential
requirements of such legislation, it shall inform the Joint Committee
giving the reasons thereof.
ANNEX ON MUTUAL RECOGNITION
OF RESULTS OF CONFORMITY ASSESSMENT:
ELECTRICAL SAFETY
SECTION I
COMMUNITY AND NATIONAL LAW
Reference to relevant law of the European Community:
|
Council Directive 73/23/EEC of 19 February 1973 on the
approximation of the law of the Member States relating to
electrical equipment designed for use within certain voltage
limits (OJ L 77, 26.3.1973, p. 29), as last amended by Directive
93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993, p. 1).
|
|
|
|
National law – Czech Republic:
|
Act No. 22/1997 Coll. (part 6/27.2.1997) on technical
requirements for products and on amendments to some Acts, as
amended by Act No. 71/2000 Coll. (part 24/03.4.2000), Act No.
102/2001 Coll. (part 41/21.3.2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
Act No. 64/1986 Coll. (part 22/03.11.1986) of the
Czech National Council, on the Czech Trade Inspection, as
amended by Act No. 240/1992 Coll. (part 49/29.5.1992), Act
No 22/1997 Coll. (part 6/27.2.1997), Act No. 110/1997
Coll. (part 38/19.5.1997), Act No. 71/2000 Coll. (part
24/03.4.2000), Act No. 145/2000 Coll. (part 46/12.6.2000),
Act No. 102/2001 Coll. (part 41/21.3.2001), Act No. 321/2001
Coll. (part 122/7.9. 2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
Government Order No. 168/1997 Coll. (part 60/31.7.1997), that
lays down the technical requirements for low voltage electrical
equipment, as amended by Government Order No. 281/2000 Coll.
(part 82/29.8.2000) and Government Order No. 251/2003
Coll. (part 85/6.8.2003)
|
National law - Republic of Hungary:
|
Decree 79/1997. (XII.31.) IKIM of the Minister of Industry, Trade
and Tourism on safety requirements of certain electrical equipment
and assessment of conformity with those requirements (Magyar
Közlöny 122, 31.12.1997, p. 10100), as last amended by
Decree 3/2001. (I.31.) MeHVM of Minister of Prime Minister's
Office (Magyar Közlöny 11, 31.1.2001, p. 616).
Decree 4/1999. (II.24.) GM of Minister of Economic Affairs on the
detailed rules on the designation of testing, inspection and
certification bodies for conformity assessment of technical
products (Magyar Közlöny 14, 24.2.1999, p. 1036), as last
amended by Decree 26/2001. (X.4.) GM of Minister of Economic
Affairs (Magyar Közlöny 108, 4.10.2001, p. 7228).
|
SECTION II
NOTIFYING AUTHORITIES
Czech Republic:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
|
|
|
Republic of Hungary:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport - MET).
|
SECTION III
NOTIFIED BODIES
Czech Republic:
Bodies which have been authorised by the Czech Republic in accordance
with the Czech national law of Section I and notified to the European
Community and to the Republic of Hungary in accordance with Article 9
of this Agreement.
Republic of Hungary:
Bodies which have been authorised by the Republic of Hungary in
accordance with the Hungarian national law of Section I and notified
to the European Community and to the Czech Republic in accordance
with Article 9 of this Agreement.
SECTION IV
SPECIFIC ARRANGEMENTS
A. Safeguard clause relating to industrial products.
Where a Party has
taken a measure to deny free access to its market for industrial
products bearing the CE marking, subject to this Annex, it shall
immediately inform the other Party, indicating the reasons for its
decision and how non compliance has been assessed.
The Parties shall
consider the matter and the evidence brought to their knowledge, and
shall report to each other the results of their investigations.
In case of agreement, the Parties shall take appropriate measures to
ensure that such products are not placed on the market.
In case of
disagreement on the outcome of such investigations the matter shall
be forwarded to the Association Council that may decide to have an
expertise carried out.
5. Where the Association Council finds that the measure is:
(a) unjustified, the national authority of the Party which has
taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to
ensure that such products are not placed on the market.
Exchange of information relating to harmonised standards
Where any Party considers that a harmonised standard referred to in
the legislation defined in this Annex does not meet the essential
requirements of such legislation, it shall inform the Joint Committee
giving the reasons thereof.
ANNEX ON MUTUAL RECOGNITION
OF RESULTS OF CONFORMITY ASSESSMENT:
ELECTROMAGNETIC COMPATIBILITY
SECTION I
COMMUNITY AND NATIONAL LAW
Reference to relevant law of the European Community:
|
Council Directive 89/336/EEC of 3 May 1989 on the approximation of
the law of the Member States relating to electromagnetic
compatibility (OJ L 139, 23.5.1989, p. 19), as last amended by
Directive 93/68/EEC of 22 July 1993 (OJ L 220,
30.8.1993, p. 1).
|
|
|
|
|
|
National law - Czech Republic:
|
Act No. 22/1997 Coll. (part 6/27.2.1997) on technical requirements
for products and on amendments to some Acts, as amended by Act
No. 71/2000 Coll. (part 24/03.4.2000), Act No. 102/2001
Coll. (part 41/21.3.2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
|
Act No. 64/1986 Coll. (part 22/03.11.1986) of the
Czech National Council, on the Czech Trade Inspection, as
amended by Act No. 240/1992 Coll. (part 49/29.5.1992), Act
No 22/1997 Coll. (part 6/27.2.1997), Act No. 110/1997
Coll. (part 38/19.5.1997), Act No. 71/2000 Coll. (part
24/03.4.2000), Act No. 145/2000 Coll. (part 46/12.6.2000),
Act No. 102/2001 Coll. (part 41/21.3.2001), Act No. 321/2001
Coll. (part 122/7.9. 2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
|
Government Order No. 169/1997 Coll. (part 60/31.7.1997), that lays
down the technical requirements for products relating to their
electromagnetic compatibility, as amended by Government Order
No. 282/2000 Coll. (part 82/29.8.2000) and Government
Order No. 251/2003 Coll. (part 85/6.8.2003)
|
|
National law - Republic of Hungary:
|
Joint Decree 31/1999. (VI. 11.) GM-KHVM of the Ministers of
Economic Affairs and Transport, Communications and Water
Management on electromagnetic compatibility (Magyar Közlöny
51,11.6. 1999, p. 3302), as amended by Joint Decree 58/1999.
(X.27) GM-KHVM (Magyar Közlöny 93, 27.10.1999, p. 5840).
Decree 4/1999. (II.24) GM of Minister of Economic Affairs on the
detailed rules on the designation of testing, inspection and
certification bodies for conformity assessment of technical
products (Magyar Közlöny 14, 24.2.1999, p. 1036), as last
amended by Decree 26/2001. (X.4.) GM of Minister of Economic
Affairs (Magyar Közlöny 108, 4.10.2001, p. 7228).
Decree 22/1999. (VIII.4) KHVM of Minister of Transport,
Communications and Water Management on the detailed rules on the
designation of testing, inspection and certification bodies for
conformity assessment of certain communications and information
technology products (Magyar Közlöny 69, 4.8.1999, p. 4466).
|
|
|
|
|
|
SECTION II
NOTIFYING AUTHORITIES
Czech Republic:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
|
|
|
Republic of Hungary:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport - MET).
Informatikai és Hírközlési Minisztérium (Ministry of
Informatics and Communications - MIC).
|
SECTION III
NOTIFIED AND COMPETENT BODIES
Czech Republic:
Bodies which have been authorised by the Czech Republic in accordance
with the Czech national law of Section I and notified to the European
Community and to the Republic of Hungary in accordance with Article 9
of this Agreement.
Republic of Hungary:
Bodies which have been authorised by the Republic of Hungary in
accordance with the Hungarian national law of Section I and notified
to the European Community and to the Czech Republic in accordance
with Article 9 of this Agreement.
SECTION IV
SPECIFIC ARRANGEMENTS
A. Safeguard clause relating to industrial products.
1. Where a Party has taken a measure to deny free access to its
market for industrial products bearing the CE marking, subject to
this Annex, it shall immediately inform the other Party, indicating
the reasons for its decision and how non compliance has been
assessed.
2. The Parties shall consider the matter and the evidence brought to
their knowledge, and shall report to each other the results of their
investigations.
3. In case of agreement, the Parties shall take appropriate measures
to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the
matter shall be forwarded to the Association Council that may decide
to have an expertise carried out.
5. Where the Association Council finds that the measure is:
unjustified, the national authority of the Party which has taken the
measure shall withdraw it.
justified, the Parties shall take appropriate measures to ensure
that such products are not placed on the market.
Exchange of information relating to harmonised standards
Where any Party considers that a harmonised standard referred to in
the legislation defined in this Annex does not meet the essential
requirements of such legislation, it shall inform the Joint Committee
giving the reasons thereof.
Annex on mutual recognition
of results of conformity
assessment:
Hot water Boilers
SECTION I
Community and national law
Reference to relevant law of the European Community:
|
Council Directive 92/42/EEC of 21 May 1992 on efficiency
requirements for new hot-water boilers fired with liquid or
gaseous fuels (OJ L 167, 22.6.1992 p. 17), as amended by
Council Directive 93/68/EEC of 22 July 1993 (OJ L 220, 30.8.1993,
p. 1).
|
|
|
National law - Czech Republic:
|
Act No. 22/1997 Coll. (part 6/27.2.1997) on
technical requirements for products and on amendments to some
Acts, as amended by Act No. 71/2000 Coll. (part 24/03.4.2000), Act
No. 102/2001 Coll. (part 41/21.3.2001), Act No. 205/2002
Coll. (part 82/24.5.2002) and Act No. 226/2003 Coll. (part
79/31.7.2003)
|
Act No. 64/1986 Coll. (part 22/03.11.1986) of the
Czech National Council, on the Czech Trade Inspection, as
amended by Act No. 240/1992 Coll. (part 49/29.5.1992), Act
No 22/1997 Coll. (part 6/27.2.1997), Act No. 110/1997
Coll. (part 38/19.5.1997), Act No. 71/2000 Coll. (part
24/03.4.2000), Act No. 145/2000 Coll. (part 46/12.6.2000),
Act No. 102/2001 Coll. (part 41/21.3.2001), Act No. 321/2001
Coll. (part 122/7.9. 2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
Government Order No. 180/1999 Coll. (part
61/17.8.1999), that lays down the technical requirements
for new hot-water boilers fired with liquid or gaseous fuels, as
amended by Government Order No. 289/2000 Coll.
(part 89/29.8.2000) and Government Order No. 251/2003 Coll.
(part 85/6.8.2003)
|
National law - Republic of Hungary:
|
Decree 20/1998. (IV.17.) IKIM of the Minister of Industry, Trade
and Tourism on efficiency requirements for hot water boilers fired
with liquid or gaseous fuels and assessment of their conformity
(Magyar Közlöny 32, 17.4.1998, p. 2603), as last amended by
Decree 3/2000 (I.31.) GM of Minister of Economic Affairs (Magyar
Közlöny 9, 31.1.2000, p. 273).
Decree 4/1999. (II.24.) GM of Minister of Economic Affairs on the
detailed rules on the designation of testing, inspection and
certification bodies for conformity assessment of technical
products (Magyar Közlöny 14, 24.2.1999, p. 1036), as last
amended by Decree 26/2001. (X.4.) GM of Minister of Economic
Affairs (Magyar Közlöny 108, 4.10.2001, p. 7228).
|
SECTION II
NOTIFYING AUTHORITIES
Czech Republic:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
|
|
Republic of Hungary:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport - MET).
|
SECTION III
NOTIFIED BODIES
Czech Republic:
Bodies which have been authorised by the Czech Republic in accordance
with the Czech national law of Section I and notified to the European
Community and to the Republic of Hungary in accordance with Article 9
of this Agreement.
Republic of Hungary:
Bodies which have been authorised by the Republic of Hungary in
accordance with the Hungarian national law of Section I and notified
to the European Community and to the Czech Republic in accordance
with Article 9 of this Agreement.
SECTION IV
SPECIFIC ARRANGEMENTS
A. Safeguard clause relating to industrial products.
1. Where a Party has taken a measure to deny free access to its
market for industrial products bearing the CE marking, subject to
this Annex, it shall immediately inform the other Party, indicating
the reasons for its decision and how non compliance has been
assessed.
2. The Parties shall consider the matter and the evidence brought to
their knowledge, and shall report to each other the results of their
investigations.
3. In case of agreement, the Parties shall take appropriate measures
to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the
matter shall be forwarded to the Association Council which may decide
to have an expertise carried out.
5. Where the Association Council finds that the measure is:
(a) unjustified, the national authority of the Party which has
taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to
ensure that such products are not placed on the market.
Exchange of information relating to harmonised standards
Where any Party considers that a harmonised standard referred to in
the legislation defined in this Annex, does not meet the essential
requirements of such legislation, it shall inform the Joint Committee
giving the reasons thereof.
Annex on Mutual Recognition
OF RESulTs OF CONFORMITY
ASSESSMENT:
GAS APPLIANCES
SECTION I
Community and National law
Reference to relevant law of the European Community:
|
Council Directive 90/396/EEC of 29 June 1990 on the approximation
of the law of the Member States relating to appliances burning
gaseous fuels (OJ L 196, 26.7.1990, p. 15) as last amended by
Council Directive 93/68/EEC of 22 July 1993 (OJ L 220,
30.8.1993, p. 1).
|
National law - Czech Republic:
|
Act No. 22/1997 Coll. (part 6/27.2.1997) on technical requirements
for products and on amendments to some Acts, as amended by Act No.
71/2000 Coll. (part 24/03.4.2000), Act No. 102/2001 Coll. (part
41/21.3.2001), Act No. 205/2002 Coll. (part 82/24.5.2002) and Act
No. 226/2003 Coll. (part 79/31.7.2003)
|
Act No. 64/1986 Coll. (part 22/03.11.1986), of the Czech National
Council, on the Czech Trade Inspection, as amended by Act No.
240/1992 Coll. (part 49/29.5.1992), Act No. 22/1997 Coll.
(part 6/27.2.1997), Act No. 110/1997 Coll. (part
38/19.5.1997), Act No. 71/2000 Coll. (part 24/3.4.2000),
Act No. 145/2000 Coll. (part 46/12.6.2000), Act
No. 102/2001 Coll. (part 41/21.3.2001), Act No. 321/2001
Coll. (part 122/7.9. 2001), Act No. 205/2002 Coll. (part
82/24.5.2002) and Act No. 226/2003 Coll. (part 79/31.7.2003)
|
Government Order No. 177/1997 Coll. (part 64/12.8.1997), that lays
down the technical requirements for appliances burning gaseous
fuels, as amended by Government Order No. 287/2000 Coll.
(part 82/29.8.2000) and Government Order No. 251/2003Coll.
(part 85/6.8.2003)
|
National law - Republic of Hungary:
|
Decree 22/1998. (IV.17.) IKIM of the Minister of Industry, Trade
and Tourism on the design of certain appliances burning gaseous
fuels and the assessment of their conformity (Magyar Közlöny 32,
17.4.1998, p. 2629), as last amended by Decree 28/2000. (VIII.29.)
GM of Minister of Economic Affairs (Magyar Közlöny 89,
29.08.2000, p. 5527).
Decree 4/1999.(II.24.) GM of Minister of Economic Affairs on the
detailed rules on the designation of testing, inspection and
certification bodies for conformity assessment of technical
products (Magyar Közlöny 14, 24.2.1999, p. 1036), as last
amended by Decree 26/2001. (X.4.) GM of Minister of Economic
Affairs (Magyar Közlöny 108, 4.10.2001, p. 7228).
|
SECTION II
Notifying
AUTHORITIES
Czech Republic:
|
Úřad pro technickou normalizaci, metrologii a státní
zkušebnictví (Czech Office for Standards, Metrology and
Testing).
|
|
|
|
Republic of Hungary:
|
Gazdasági és Közlekedési Minisztérium (Ministry of Economy
and Transport - MET).
|
SECTION III
NOTIFIED BODIES
Czech Republic:
Bodies which have been authorised by the Czech Republic in accordance
with the Czech national law of Section I and notified to the European
Community and to the Republic of Hungary in accordance with Article 9
of this Agreement.
Republic of Hungary:
Bodies which have been authorised by the Republic of Hungary in
accordance with the Hungarian national law of Section I and notified
to the European Community and to the Czech Republic in accordance
with Article 9 of this Agreement.
SECTION IV
SPECIFIC ARRANGEMENTS
A. Safeguard clause relating to industrial products.
1. Where a Party has taken a measure to deny free access to its
market for industrial products bearing the CE marking, subject to
this Annex, it shall immediately inform the other Party, indicating
the reasons for its decision and how non compliance has been
assessed.
2. The Parties shall consider the matter and the evidence brought to
their knowledge, and shall report to each other the results of their
investigations.
3. In case of agreement, the Parties shall take appropriate measures
to ensure that such products are not placed on the market.
4. In case of disagreement on the outcome of such investigations the
matter shall be forwarded to the Association Council that may decide
to have an expertise carried out.
5. Where the Association Council finds that the measure is:
(a) unjustified, the national authority of the Party which has
taken the measure shall withdraw it;
(b) justified, the Parties shall take appropriate measures to
ensure that such products are not placed on the market.
Exchange of information relating to harmonised standards
Where any Party considers that a harmonised standard referred to in
the legislation defined in this Annex, does not meet the essential
requirements of such legislation, it shall inform the Joint Committee
giving the reasons thereof.