Decree No. 117 / 2005 Coll.
Government Regulation on certain measures to protect the ozone layer
Valid
Regulation
Effective from 01.04.2005
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117
GOVERNMENT REGULATION
of 23 February 2005
on certain measures to protect the ozone layer
The Government orders the implementation of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Act on Air Protection), as amended by Act No. 521 / 2002 Coll., Act No. 92 / 2004 Coll., Act No. 186 / 2004 Coll. and Act No. 695 / 2004 Coll., ("the Act '):
Subject matter
This Regulation (1) regulates the content of applications for authorisation, the minimum qualifications of persons, the conditions for entry in the register of review technicians, the method of control and registration of controlled substances and the mandatory technology for the recovery of controlled substances.
Basic concepts
(1) The disposal of controlled substances means the disposal of controlled substances in accordance with a procedure laid down by a specific legislationm3) by a person who has already been authorised under Article 29 (1) of the Act, in particular their thermal disposal, with the achievement of the destruction of controlled substances (physical disposal due to chemical transformation into non-ozone-depleting substances), or their safe, controlled and registered storage.
(2) Treatment of regulated refrigerants means:
(a) the service and maintenance of refrigeration, air-conditioning and heat pump equipment (hereinafter referred to as "refrigeration equipment") interfering with the cooling circuit;
(b) the use of controlled substances, mixtures of controlled substances or mixtures of controlled substances with other substances intended for use as refrigerant ("regulated refrigerant");
(c) the recovery of regulated refrigerants from discarded refrigerators where they cannot be transported for technical reasons and their dismantling must be carried out on the site where they were operated with respect to mandatory technology and the storage of controlled substances before they are disposed of in accordance with § 29 (3) of the Act up to a total weight of 50 kg.
Content of the application for authorisation of the use of hydrochlorofluorocarbons as a refund for halons
(1) The application for authorisation for the use of hydrochlorofluorocarbons as a regulated fire extinguisher for the replacement for halons contains:
(a) in the case of natural persons authorised to do business, the name or surname, identification number, if any, if assigned, the place of business, the date of birth and the address of the place of permanent residence in the territory of the Czech Republic or the address of residence in another Member State of the European Union, of the citizens of the Czech Republic who do not have permanent residence in the territory of the Czech Republic and of foreigners engaged in business in the territory of the Czech Republic under the conditions laid down by an international treaty which is part of the legal order, the address of residence abroad shall be indicated; in the case of legal persons, the company's name, legal form, registered office and, where applicable, the address of the organisational body in the Czech Republic, and the identification number, if assigned,
(b) the name and, where applicable, the name, surname and address of the place of permanent residence in the Czech Republic or, where applicable, residence abroad, the representative of the legal person responsible and, where appropriate, the natural person authorised to do business; and
(c) the place where the equipment or product containing halon ("halon installation") is installed, the number, type and quantity of filling, the type and quantity of replacement hydrochlorofluorocarbons and the method of disposal of the halons obtained.
(2) The model application for authorisation of the use of hydrochlorofluorocarbons as a replacement for halons is set out in Annex 1 to this Regulation.
Content of applications for authorisation to handle controlled substances
(1) An application for authorisation to handle controlled substances is submitted if:
(a) the treatment of regulated refrigerants;
(b) the treatment of a controlled substance contained in a fire extinguisher or in a fire protection system ("regulated fire extinguisher");
(c) the recovery of controlled substances in the recycling of products;
(d) the disposal of controlled substances; or
(e) the operation of equipment intended for the collection, storage, recycling and regeneration of halons and other controlled substances ("special halon storage").
(2) The application for authorisation contains:
(a) in the case of natural persons authorised to do business, the name or surname, identification number, if any, if assigned, the place of business, the date of birth and the address of the place of permanent residence in the territory of the Czech Republic or the address of residence in another Member State of the European Union, of the citizens of the Czech Republic who do not have permanent residence in the territory of the Czech Republic and of foreigners engaged in business in the territory of the Czech Republic under the conditions laid down by an international treaty which is part of the legal order, the address of residence abroad shall be indicated; in the case of legal persons, the business firm, name, legal form, registered office and, where applicable, the address of the organisational body in the Czech Republic, and the identification number, if assigned; and
(b) the name and, where applicable, the name, surname and address of the place of permanent residence in the Czech Republic and, where applicable, residence abroad, the representative of the legal person responsible and, where appropriate, the natural person authorised to do business.
Content of the application for authorisation by type of activity
(1) Furthermore, the application for authorisation to handle regulated refrigerants contains:
(a) evidence of compliance with the minimum rating for persons handling regulated refrigerants;
(b) the address of the place of storage of regulated refrigerants before they are disposed of; and
(c) the place of activity.
(2) The application for authorisation for the treatment of regulated firefighting also contains evidence of compliance with the minimum qualification for persons handling regulated firefighting.
(3) The application for authorisation for the recovery of controlled substances in the recycling of products also contains:
(a) the address of the place of recovery of controlled substances and the recycling of the products containing them;
(b) evidence of compliance with the minimum rating for persons handling regulated refrigerants;
(c) a copy of the decisions required by specific legislation on the management of hazardous waste;
(d) a list of the types of products and equipment to be recycled;
(e) a list of controlled substances subject to recovery and further treatment; and
(f) a description of the technical and technological equipment intended for the recovery of controlled substances and a description of the treatment procedures.
(4) The application for authorisation to dispose of controlled substances also contains:
(a) the address of the disposal site of the controlled substances;
(b) a copy of the decisions required by specific legislation on the management of hazardous waste;
(c) a list of controlled substances subject to disposal; and
(d) a description of the technical and technological equipment intended for the disposal of controlled substances and a description of the treatment procedures.
(5) The application for authorisation to operate a special halon warehouse also contains:
(a) the address of the special halon warehouse;
(b) evidence of compliance with the minimum qualifications of the person responsible for the operation of the special halon warehouse and the staff of that warehouse;
(c) a list of regulated fireplaces subject to recovery and further treatment; and
(d) a description of the technical and technological equipment used for the operation of the special halon warehouse and a description of the treatment procedures.
Minimum qualification of persons handling regulated refrigerants
(1) The minimum qualifications of persons handling regulated refrigerants are:
(a) the education which is:
1. secondary vocational training in the field listed in Annex 2 to this Regulation;
2. higher education obtained by study in an accredited Bachelor's study programme in the field of technical sciences and technology;
3. higher education obtained by study in an accredited master's programme in the field of technical sciences and technology; or
4. retraining or lifelong learning course with a cooling technology training programme; and
(b) professional experience for at least 2 years.
(2) Compliance with the minimum qualification shall be demonstrated by a certified copy of the completed education document and professional experience by a declaration containing its overview and its content.
Minimum qualification of revision technicians for refrigeration and air conditioning equipment
(1) The minimum qualification of the revision technicians of refrigeration and air-conditioning equipment is:
(a) the education which is:
1. full secondary education of the technical direction completed by the graduate examination;
2. higher education obtained by study in an accredited Bachelor's study programme in the field of technical sciences and technology;
3. higher education obtained by study in an accredited master's programme in the field of technical sciences and technology; or
4. retraining or lifelong learning course with a cooling technology training programme;
(b) passing a course of review technicians focusing on cooling technology; and
(c) professional experience for at least 4 years.
(2) The completion of the minimum qualification shall be demonstrated by a certified copy of the completed education document, a declaration stating after each year an overview of the professional experience and its content and a copy of the certificate of completion referred to in paragraph 1 (b).
Minimum qualification of audit technicians for fumigation facilities
(1) The minimum qualification of the revision technicians of fumigation facilities is the qualification conditions for the work of protective disinfection, disinsectisation and extermination4).
(2) The fulfilment of the minimum qualification is evidenced by a copy of the certificate of competence under the special legislature4).
Minimum qualifications of persons handling regulated firefighters, persons responsible for the operation of a special halon warehouse and personnel in that warehouse
(1) The minimum qualifications of persons handling regulated firefighting shall be:
(a) training from the manufacturer of the fire extinguisher or fire protection system; or
(b) a valid certificate of proficiency issued by the competent organisation of the state expert supervisor (5).
(2) The minimum qualification for legal persons or natural persons responsible for operating a special halon warehouse is:
(a) a valid certificate of proficiency issued by the competent organisation of the state professional supervisor (5);
(b) have received training from the manufacturer of the equipment by which the regulated fire extinguishers will be recycled, regenerated or disposed of; or
(c) higher education obtained by study in the accredited programme Fire protection and industrial security.
(3) Minimum qualifications for persons operating technological equipment for the recovery, recycling or regeneration of halons are:
(a) training from the manufacturer of the fire extinguisher or fire protection system;
(b) a valid certificate of proficiency issued by the competent organisation of the State Professional Supervision (5); or
(c) training from the manufacturer of the equipment by which the regulated fire extinguishers will be recycled, regenerated or disposed of.
(4) A certified copy of the completed education document, a copy of the certificate of proficiency and a copy of the certificate of completion of the training shall be documented.
Registers of regulated refrigerants and records of refrigeration equipment
(1) The records of regulated refrigerants shall be kept in the records of the refrigeration equipment.
(2) The records of refrigerating equipment shall record the quantity of charge and the type of refrigerant regulated. The parties in the refrigerating equipment register are numbered. The model of the refrigerating equipment register is set out in Annex 3 to this Regulation.
(3) All service activities, maintenance operations and revisions associated with the equipment, including control of the leakage of the regulated refrigerant, shall be entered in the refrigerant record book,
(a) date of activity;
(b) the registration number of the person performing the activity; If the registration number is not assigned, then the name of the person and the contact address,
(c) a brief description of the activity carried out, including a brief description of the defect;
(d) the result of the revision carried out;
(e) the quantity of refrigerant released by calculation,
(f) the quantity and type of regulated refrigerant added;
(g) the quantity and type of the added oil;
(h) the quantity of controlled refrigerant or oil withdrawn and its continued use or, on transfer to a third party, the authorisation number, name and address;
(i) when the device is switched to another refrigerant, the designation of the new refrigerant and its quantity.
(4) When changing the operator, the existing operator shall transmit the refrigerating equipment record book to the new operator. Where the refrigeration plant as a whole is submitted for recycling to a third party, the authorisation number issued by the Ministry of the Environment and the name of the natural or legal person who took over the installation shall be indicated in the book. Where on-the-spot recovery occurs, the quantity and type of regulated refrigerant and oil recovered, the permit number issued by the Ministry of the Environment and the name of the natural or legal person who has taken over the refrigerant and oil for recycling, regeneration or disposal shall be entered in the register of the refrigeration plant.
(5) The register of refrigerating equipment shall be kept for inspection for a minimum period of 3 years from the end of operation of the refrigeration equipment.
Control of the leakage of regulated refrigerants from refrigeration equipment
(1) When checking the leakage of regulated refrigerants, it shall be used:
(a) a controlled refrigerant leakage detector with a sensitivity of better than 20 g / year;
(b) a fluorescent lamp where an indication dye is present in the coolant circulation; or
(c) screening spray or detection liquid, if it is not possible to follow (a) or (b).
(2) The revision technician, which shall check the leakage of regulated refrigerants from the refrigeration equipment (hereinafter referred to as "leakage control"), shall identify the quantity of refrigerant added to the equipment from the previous periodic leakage check, check whether the deficiencies identified during the last leakage check have been remedied and assess the condition of the equipment and its fitness for further operation.
(3) A record of the result of the leakage check and of the deficiencies detected shall be recorded in the refrigerating equipment register.
Models of forms for the recording and reporting of controlled substances and their emissions
(1) The model of the form for reporting the number of halon installations used and the amount of halons contained therein, pursuant to Article 32 (2) of the Act, is set out in Annex 4 to this Regulation.
(2) The model form for the reporting of quantities of controlled substances to which the beneficiary has been treated pursuant to Section 32 (4) of the Act is set out in Annex 5 to this Regulation.
Binding technology for the recovery of controlled substances from refrigeration equipment
(1) The binding technology for the recovery of controlled substances from refrigeration equipment, the procedure and method of control and registration of those substances are set out in Annex 6 to this Regulation.
(2) Level of adjustment I and II part The mandatory technology referred to in Annex 6 to this Regulation shall also be carried out within a single technology unit; This total means a fixed group of technological equipment operated within a single site or a single stage of mobile technology introduced into a waste collection facility to recover controlled substances when recycling products.
Binding technology for the recovery of regulated fireplaces in a special halon warehouse
The binding technology for the recovery of regulated fire extinguishers, the method of control and registration of these substances in a specific halon warehouse are set out in Annex 7 to this Regulation.
Transitional provisions
(1) A natural person who, on the date of application of this Regulation, has not fulfilled the minimum qualification provided for in Article 6 (1) (a) and who, at that date, has carried out the activities referred to in Article 4 (1) (a) for at least 2 years may carry out such activities until 30 June 2007 at the latest.
(2) A natural person who, on the date of application of this Regulation, has not fulfilled the minimum qualification provided for in Article 7 (1) (a) and who, at that date, has carried out the activities referred to in Article 4 (1) (a) for at least 4 years may carry out such activities until 30 June 2007 at the latest.
(3) A natural person who, on the date of application of this Regulation, does not fulfil the minimum qualification provided for in Article 6 (1) (a) and who, on that date, has carried out the activities referred to in Article 4 (1) (a) for at least 5 years may replace the training condition referred to in Article 6 (1) (a) with an honorary declaration giving an overview of his professional experience by year.
(4) The register of refrigerating equipment referred to in Article 10 shall be put into use no later than 3 months after the date of entry into force of this Regulation or when the refrigerating equipment is put into service.
Efficacy
This Regulation shall enter into force on 1 April 2005, with the exception of Sections 7 (1) (b) and 13 (2), which shall take effect on 1 November 2005.
Prime Minister:
JUDr. Gross v. r.
Minister of Environment:
RNDr. Ambrozek v. r.
Příloha č. 1
Annex No 1 to Decree-Law No 117 / 2005 Coll.
Model application for authorisation to use hydrochlorofluorocarbons as a replacement for halons
Příloha č. 2
Annex No 2 to Government Regulation No 117 / 2005 Coll.
List of teaching fields focused on cooling technology
1. Until 1972:
without code Fitter of refrigeration equipment
(Decree No 158 / 1956 of the ECI, on teaching subjects (Section BI under No 8))
or
0425 Cooler mechanic. Cooling mechanism
(Decree No. 67 / 1959 OI. I., on teaching fields, Decree No. 73 / 1961 Coll., on teaching fields, Decree No. 84 / 1965 Coll., on teaching fields and on financial and material security of apprentices, Decree No. 87 / 1970 Coll., on teaching fields and organisation of apprenticeship teaching).
2. After 1972 until 1980:
24-25-2 Cooler mechanic (Decree No. 54 / 1972 Coll., amending and supplementing Decree No. 87 / 1970 Coll., on teaching fields and on the organisation of apprenticeship education).
3. After 1980 until 1987:
03-21-2 Repair mechanic for cooling equipment
(Decree No. 102 / 1979 Coll., which sets out the nomenclature of study fields in secondary vocational schools, gymnastics, secondary vocational schools, conservatories, secondary schools for workers, vocational schools, secondary schools for youth requiring special care, the system of teaching fields in secondary vocational schools and their studies).
4. After 1987 until 2003:
26-55-H / 004 (26-80-2 / 03) Mechanic (mechanic) with a focus on cooling equipment (Decree No. 9 / 1987 Coll., amending and supplementing Decree No. 124 / 1984 Coll., on secondary schools).
5. In 2004 and thereafter:
26-52-H / 004 Mechanic of electrical equipment. Focus of assembly and service of cooling and air conditioning equipment.
(Journal of the Ministry of Education, Youth and Sports of the Czech Republic No. 7 / 2001 under No. 18 857 / 2001-23).
Příloha č. 3
Annex No 3 to Government Regulation No 117 / 2005 Coll.
Model record book of refrigeration equipment
Příloha č. 4
Annex No. 4 to Government Decree No. 117 / 2005 Coll.
Model form for reporting the number of halon installations used and the amount of halons contained therein
Příloha č. 5
Annex No. 5 to Government Decree No. 117 / 2005 Coll.
Model form for reporting quantities of controlled substances to which the beneficiary has been treated
Příloha č. 6
Annex No 6 to Government Regulation No 117 / 2005 Coll.
Binding technology for the recovery of controlled substances from refrigeration equipment, process and method of control and recording of such substances
Quality assurance and control of the recovery of controlled substances from withdrawn domestic and commercial refrigerators
These quality and control provisions apply to the treatment (recycling) of discarded refrigerating equipment containing controlled substances. They shall adjust the collection conditions for recycling and regeneration for further use or disposal.
1. Terms used for the purposes of this Annex:
(a) bloating means a controlled substance which has been used in the manufacture of thermal insulation solids for foaming and is contained therein;
(b) recycling of refrigeration equipment means all measures taken to register, store and modify refrigerators containing controlled substances. The recycling of refrigeration plants is primarily aimed at the capture and transmission of controlled substances for disposal as well as the acquisition of valuable secondary raw materials in an environmentally sound manner. The secondary raw materials thus obtained are to be reused,
(c) household refrigerating equipment means refrigerators of a typical design for domestic use and other similar uses up to a capacity of 270 litres. Devices may be equipped with or without separate freezer and freezer compartment (= type of device 1),
(d) a combination refrigerator and a household refrigerating box means household-typical refrigerating equipment and other similar uses of a household content ranging from 270 litres to 350 litres which are usually equipped with a separate freezer and compartment (= type of device 2);
(e) freezers and household boxes are refrigerating equipment in a design for household and other similar applications up to 500 litres of utility content (= type of device 3);
(f) the collection and storage of refrigerating equipment at the place of occurrence shall be all measures necessary for the logistics of the collection of refrigerating equipment until the place of treatment. This includes both the intermediate storage measures for refrigerators for the waste producer and the measures in the adjustment undertaking,
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Regulation Information
| Citation | Decree No. 117 / 2005 Coll., on certain measures to protect the ozone layer |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2005 |
|---|---|
| Effective from | 01.04.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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