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Information on construction products moving from the non-harmonised to the harmonised sphere

On the basis of inquiries from the professional public and other interested parties, the ÚNMZ provides information regarding those construction products that are moving from the non-harmonised sphere (i.e. from the scope of Government Regulation No. 163/2002 Coll., as amended - hereinafter "NV 163/2002") to the harmonised sphere (i.e. to the scope of Regulation (EU) No. 305/2011 of the European Parliament and of the Council (hereinafter "CPR").

Responsibility for the proper marketing of specified products lies with the manufacturer (or the distributor or importer). Specified construction products not covered by harmonised European standards are placed on the market in accordance with NV 163/2002. If the European Commission publishes a new (or updated) product standard in the Official Journal of the EU, this standard becomes harmonised, and products that fall within the scope of this standard are thus transferred to the harmonised sphere. The new standard usually provides for transition periodduring which products can be placed on the market under either national or European legislation. This decision is the responsibility of the body which places the product on the market. After the end of the transitional period, the product must be marketed exclusively according to the harmonised standard. Products already on the market are not affected by this change. However, it is important to note that 'placing on the market' under the CPR means the first supply of a given product on the market - i.e. not just a 'product type' but each specific product.

Certificates issued under NV 163/2002 for products that have subsequently entered the harmonised sphere expire the day after the end of the transitional period. It is advisable that authorised persons inform the holders of these certificates in writing in advance of the expiry of their validity and the need for certification under the CPR. However, authorised persons are not obliged to actively revoke such certificates. In exceptional cases, where there is a concern about the possible misuse of invalid certificates, the Authorised Person may (in accordance with its internal regulations) revoke such certificates in the form of a "certificate revocation decision". The Authorised Body shall subsequently inform the ÚNMZ and the Czech Trade Inspection Authority of such revoked certificates.

A person who places a specified product on the market in contravention of the applicable legislation commits an offence pursuant to Section 19 or Section 19a of Act No. 22/1997 Coll., as amended, or pursuant to Section 53 or Section 54 of Act No. 90/2016 Coll., as amended, and risks significant financial penalties.

Mgr. Václava Holušová

Department of building products and technical equipment

25.10. 2019