Conformity assessment

Technical product requirements

Introduction

In Czech law, the area of technical product requirements is regulated by Act No 22/1997, as amended by Act No 71/2000, No 102/2001, No 205/2002, No 226/2003, No 277/2003, No 186/2006, No 229/2006, No 481/2008, No 281/2009, No 490/2009, No 155/2010, No 34/2011, No 100/2013, No 64/2014, and No 91/2016, and a number of related government regulations. Ferona's line of business is currently mainly subject to Government Regulation No 163/200, as amended (No 312,2005 and No 215/2016) stipulating technical requirements for selected construction products (an unharmonized area).

Construction products manufactured according to harmonized standards are subject to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products, which is directly applicable in all EU Member States.

The key objective of Act No 22/1997 is as follows:

 To ensure that products placed on the market comply with requirements that are important for ensuring product safety or for other aspects important for reasons of protecting the public interest. Prior to being placed on the market, selected products must therefore meet these technical requirements, and their fulfilment must be supported by an assessment of the conformity of their properties with the requirements of technical regulations.

Through relevant regulations, the EU/government stipulates:

  • products that represent an elevated threat to a justified interest (specified products that could pose a threat to the health or safety of persons, property, or the environment, or some other public interest);
  • technical requirements that these products must meet in order to be placed on the market;
  • how stipulated products are marked;
  • conformity assessment procedures (modules) in relation to the product's technical complexity and the degree of its possible hazard.

Obligations of the manufacturer/importer:

  • to ensure that products placed on the market meet basic requirements stipulated by the relevant legislation;
  • to ensure conformity assessment using a procedure stipulated in the relevant EU/government regulation;
  • to mark the product in the manner stipulated in the relevant EU/government regulation (this is usually the "CE" mark), or to issue or include with each product a document stipulated by an EU/government regulation;
  • to maintain documentation for the stipulated period to the extent specified by the relevant EU/government regulation.

Obligations of adistributor:

  • pursuant to Act No 22/1997, a distributor must prevent distribution of specified products that evidently do not comply with statutory requirements, especially products that do not have stipulated markings. A distributor must not place a product on the market if he suspects or has reason to suspect that it does not comply with technical requirements stipulated pursuant to the relevant government regulation. If, in addition, the stipulated product poses a health risk, the distributor will inform the relevant supervisory authority, the manufacturer, and the importer of this fact.

Other obligations in the harmonized area (Regulation (EU) No 305/2011 of the European Parliament and of the Council - CPR):

  • to ensure that the distributed product bears the CE mark and includes documents required in the CPR (Declaration of Performance) in the language of the destination state
  • to ensure that storage or transport conditions do not pose a risk to the product's compliance with the Declaration of Performance
  • to maintain a copy of the Declaration of Performance for 10 years

Compliance with requirements at Ferona

Ferona complies with statutory requirements in the following manner:

  • If Ferona is the manufacturer (welded hollow sections), steps have been taken in accordance with requirements of Regulation (EU) No 305/2011 of the European Parliament and of the Council (CPR), a Declaration of Performance has been issued, which is available on the internet, and products bear the CE mark.
  • If Ferona is the distributor, it takes steps to prevent distribution of specified products, that that evidently do not meet statutory requirements (for products subject to Regulation (EU) No 305/2011 of the European Parliament and of the Council (CPR), the issue of a Declaration of Performance and application of the "CE" mark are decisive. For products subject to Government Regulation No 163/2002, as amended, the Declaration of Conformity issued by the manufacturer or importer in Czech takes precedence.
if you require a document proving that Ferona complies with requirements of Act No 22/1997, you can download Ferona Information, a document on compliance with requirements in the area of conformity assessment during statutory placement of a product on the market in the EU. A Declaration of Performance or Declaration of Conformity will be provided to you after you request it form your vendor.

 

Documents proving assessment of performance of welded hollow sections (from SSC Ostrava):

  • Declaration of Performance (CZ, EN, SK, PL)
  • Certificate of conformity of the factory production control (CZ, EN).