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(New wording)

Draft

Act

of ... 2018

on technical standardisation and on amendments to Act No 264/1999 on technical requirements for products, conformity assessment, and amendments to certain acts, as amended

The National Council of the Slovak Republic has adopted the following Act:

Article I
60/2018 Collection of Laws of the Slovak Republic Page 3

Page 4 Collection of Laws of the Slovak Republic 60/2018

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COLLECTION OF LAWS

OF THE SLOVAK REPUBLIC

Volume 2018

Promulgated: 7 March 2018 Time version of the legislation effective from: 1 April 2018 to: 31 March 2020

The content of the document is legally binding.

60

ACT

of 6 February 2018

on technical standardisation

The National Council of the Slovak Republic has passed the following act:

§ 1

Subject matter of the Act

This Act concerns

a) the scope of authority of the Slovak Office of Standards, Metrology and Testing (hereinafter the ‘Office’) in the field of technical standardisation;

b) the rights and obligations of the Slovak national standardisation body;

c) the development, provision, reproduction, distribution, verification, and cancellation of Slovak technical standards and technical standard information documents,

d) expenditures for the development of Slovak technical standards and technical standard information documents;

e) the protection of Slovak technical standards and technical standard information documents;

f) the provision of other technical standards and other technical standard information documents;

g) supervision of compliance with this Act;

h) imposition of fines.
Subject matter

This Act governs

a) the scope of authority of the Slovak Office of Standards, Metrology and Testing (hereinafter referred to as the ‘Office’) in the field of technical standardisation,

b) the rights and obligations of the Office as the Slovak national standardisation body,

c) the development, provision, reproduction, distribution, verification and cancellation of Slovak technical standards and technical standard information,

d) costs for developing Slovak technical standards and technical standard information,

e) the protection of Slovak technical standards and technical standard information,

f) the provision of other technical standards and other technical standard information,

g) supervision of compliance with this act,

h) imposition of fines.

§ 2

Definitions

For the purposes of this Act, the following definitions shall apply:

‘other technical standard’ means a technical standard referred to in special legislation) other than an original Slovak technical standard;

‘other technical standard information document’ means a standardisation document developed by an international standardisation body that has not been accepted by the Office, as the Slovak national standardisation body, as part of the system of Slovak technical standards under § 4(2);

‘legitimate interest’ means the safety, health, life, and property of persons or a favourable environment.
For the purposes of this Act, the following definitions shall apply

‘other technical standard’ means a technical standard referred to in separate legislation1) other than an original Slovak technical standard,

‘other technical standard information’ means a standardisation document developed by an international standardisation body that has not been accepted by the Office as the Slovak national standardisation body, as part of the system of Slovak technical standards under § 4(1)(g),

‘legitimate interest’ means the safety, health, life and property of persons and a favourable environment.

§ 3

Technical standard and technical standard information document

‘Technical standard’ means a technical standard referred to in special legislation.) A technical standard is not a technical regulation.)

‘Slovak technical standard’ means a technical standard accepted by the Office, as the Slovak national standardisation body, as part of the system of Slovak technical standards.
Technical standard and technical standard information

‘Technical standard’ means a technical standard referred to in separate legislation.2) A technical standard is not a technical regulation.3)

‘Slovak technical standard’ means a technical standard accepted by the Office, as the Slovak national standardisation body, under this act as part of the system of Slovak technical standards.

‘Slovak technical pre-standard’ means a Slovak technical standard with time-limited validity, the purpose of which is to verify the suitability and expediency of the standard’s technical content.

‘Original Slovak technical standard’ means a Slovak technical standard governing a field not covered by the provisions of European standards) or international standards) that has been developed based on demand from the public or a public authority.

‘Technical standard information document’ means a standardisation document developed by a European standardisation organisation,) an international standardisation body,) or the Office, as the Slovak national standardisation body, and accepted by the Slovak national standardisation body as part of the system of Slovak technical standards. Technical standard information documents shall not be considered to be Slovak technical standards.

‘Original technical standard information document’ means a technical standard information document governing a field not covered by any provisions of standardisation documents developed by a European standardisation organisation or an international standardisation body that has been developed based on demand from the public or a public authority.

‘Amendment to a technical standard’ means a technical standard designated as an amendment by a European standardisation organisation, an international standardisation body, or the Office, as the Slovak national standardisation body, making substantive amendments to a technical standard.

‘Correction of a technical standard’ or ‘correction to technical standard information document’ means a document correcting a formal error in a technical standard or technical standard information document designated as a correction by a European standardisation organisation, an international standardisation body or the Office, as the Slovak national standardisation body.

‘System of Slovak technical standards’ is the set of the full versions of Slovak technical standards, technical standard information documents, and their corrections.

(10) Compliance with Slovak technical standards and technical standard information documents is voluntary.

(11) Slovak technical standards shall use the symbol ‘STN’ and Slovak technical pre-standards shall use the symbol ‘STN P’. Technical standard information documents shall use the symbol ‘TNI’. The models of the symbols ‘STN’, ‘STN P’, and ‘TNI’ are provided in the Annex. Additional markings that may be added to the symbols ‘STN’ or ‘TNI’ shall be published by the Office, as the Slovak national standardisation body, on its website.

(12) Slovak technical standards and technical standard information documents shall not be made available in accordance with special legislation.)

(13) If a government authority intends to use a reference to a Slovak technical standard in the text of the draft of generally applicable legislation, it shall notify the Office, as the Slovak national standardisation body, of this fact at the latest before the adoption of the generally applicable legislation; the government authority shall proceed in accordance with special legislation.)
‘Original Slovak technical standard’ means a Slovak technical standard governing a field not covered by the provisions of European standards4) or international standards5) that has been developed based on demand from the public or a public authority.

‘Technical standard information’ means a standardisation document developed by a European standardisation organisation,6) an international standardisation body7) or the Office, as the Slovak national standardisation body, and accepted by the Office, as the Slovak national standardisation body, as part of the system of Slovak technical standards. Technical standard information shall not be considered to be Slovak technical standards.

‘Original technical standard information’ means a technical standard information document that governs a field not covered by any provisions of standardisation documents developed by a European standardisation organisation or an international standardisation body and has been developed based on demand from the public or a public authority.

‘Amendment of a technical standard’ means a technical standard designated as an amendment by a European standardisation organisation, an international standardisation body or the Office, as the Slovak national standardisation body, making substantive amendments to a technical standard.

‘Correction of a technical standard’ or ‘correction of a technical standard information’ means a document correcting a formal error in a technical standard or technical standard information designated as a correction by a European standardisation organisation, an international standardisation body or the Office, as the Slovak national standardisation body.

‘System of Slovak technical standards’ is the set of the full versions of Slovak technical standards, technical standard information and their corrections.

Compliance with Slovak technical standards and technical standard information is voluntary.

Slovak technical standards shall use the symbol ‘STN’ and Slovak technical pre-standards shall use the symbol ‘STN P’. Technical standard information shall use the symbol ‘TNI’. Standard symbols ‘STN’, ‘STN P’ and ‘TNI’ are provided in the Annex. Additional markings that may be added to the symbols ‘STN’ or ‘TNI’ shall be published by the Office, as the Slovak national standardisation body, on its website.

Slovak technical standards and technical standard information shall not be made available in accordance with separate legislation8) except the Slovak technical standard referred to in § 12(2).

If a government authority intends to provide a reference to a Slovak technical standard in the draft text of an act of general application, it shall notify the Office, as the Slovak national standardisation body, to this effect at the latest before adopting the act of general application; the government authority shall proceed in accordance with separate legislation.9)

§ 4

The Office

(1) The Office shall

a) designate Slovak technical standards suitable for conformity assessment;

b) publish notices of the adoption, cancellation, and correction of Slovak technical standards and the adoption, cancellation, and correction of technical standard information documents and notices of Slovak technical standards suitable for conformity assessment in the Official Journal of the Slovak Office of Standards, Metrology and Testing (hereinafter referred to as the ‘Official Journal’) or, in justified cases, on its website;

c) notify) the Commission the Slovak national standardisation body;

d) finance the operation of the Slovak national standardisation body and pay the Slovak national standardisation body’s fees for membership in European standardisation organisations and international standardisation bodies;

e) oversee compliance with this Act;

f) deal with infractions and other administrative offences and impose fines in accordance with § 16 and § 17;

g) be the Slovak national standardisation body.)

(2) The Office, as the Slovak national standardisation body, shall

a) meet obligations arising from its membership in European standardisation organisations and international standardisation bodies;

b) facilitate participation in the development and cancellation of European standards, European standardisation deliverables,) international standards, and other technical standard information documents by any person meeting the requirements and rules of the European standardisation organisation and the international standardisation body or the requirements of the Office, as the Slovak national standardisation body, published on the website of the Office, as the Slovak national standardisation body, by

posting on its website a notice of the draft European standard, draft European standardisation deliverable, draft international standard, and draft of other technical standard information document for public consultation no later than one month before the deadline specified in the notice;

ensuring public consultation on the draft European standard, draft European standardisation deliverable, draft international standard, and draft of other technical standard information document with anyone who requests participation in the pubic consultation by the deadline specified in the notice posted on the Office’s website;

providing notification on its website of any European standards, European standardisation deliverables, international standards, and other technical standard information documents that have been issued;

c) make available on its website the criteria for the development of Slovak technical standards and technical standard information documents in the State language) once approved by the Technical Standardisation Council (hereinafter referred to as the ‘Council’) set up in accordance with § 5;

d) ensure that Slovak technical standards and technical standard information documents are developed and cancelled in accordance with the rules laid down by European standardisation organisations or international standardisation bodies, or in accordance with the rules laid down by the Office, as the Slovak national standardisation body;

e) mark Slovak technical standards, Slovak technical pre-standards and technical standard information documents in accordance with § 3(11);

f) verify, in cooperation with stakeholders,) whether the content of original Slovak technical standards and original technical standard information documents complies with the state of the art of science and technology;

g) notify European standardisation organisations of the intent to adopt a new original Slovak technical standard;

h) provide, in accordance with § 15, Slovak technical standards and their corrections, technical standard information documents and their corrections, and other technical standards and their amendments and corrections;

i) collect fees for the provision of Slovak technical standards, technical standard information documents, and other technical standards and their amendments;