Act No. 211 / 1993 Coll.
Act concerning the prohibition on the production, import and use of substances that harm or threaten the ozone layer of the Earth and products of such substances containing:
Valid
Effective from 13.08.1993
211
THE LAW
of 8 July 1993
prohibiting the manufacture, import and use of substances harmful to or threatening the ozone layer of the Earth and products containing such substances
Parliament has decided on this law of the Czech Republic:
General provisions
The Act regulates the obligations of legal persons and natural persons authorised to do business in the manufacture, import and use of substances that harm or threaten the ozone layer of the Earth (hereinafter referred to as "substances') and products containing such substances (hereinafter referred to as" products'). The purpose of the law is to prevent further leakage of these substances into the air.
Production, import and use of substances and products
Production
(1) The production of substances and products shall be prohibited within the time limits set out in the Annex to this Law. The list of substances is set out in the Annex to this Act.
(2) In the case of products which were manufactured before the date of application of this Act, the Ministry of the Environment shall determine the period during which they may still be sold.
(3) The manufacturer shall clearly indicate the products with the following text: "The product contains substances destroying the Earth's ozone layer '.
(4) The recycling of substances shall not be considered as production; recycling means a process whereby substances are collected without leakage into the air and cleaned in such a way as to allow their continued use.
Imports
(1) Imports of substances shall be prohibited within the time limits set out in the Annex to this Law.
(2) Imports of products shall be prohibited on 1 January 1994.
Use
(1) The use of substances associated with their release into the air shall be prohibited within the time limits set out in the Annex to this Law.
(2) All legal persons and natural persons authorised to do business are obliged to avoid leakage of substances into the air in their activities.
(3) Until the expiry of the ban on the production, import and use of substances, manufacturers and importers are obliged to pay a fee of CZK 100 per kilogram of manufactured or imported substances, or the substance contained in the imported product. The details of the calculation and payment of the fee shall be determined by a decree to the producers and importers of the environment. The fee is the income of the State Environmental Fund of the Czech Republic 1)
(4) The method of disposal of substances and products is laid down by the Ministry of the Environment by decree.
Fines
A fine of between CZK 2500 and CZK 500,000 shall be imposed by the air protection authority to the legal person and to the natural person authorised to do business for:
(a) prohibited production, import and sale of substances and products;
(b) prohibited use of substances;
(c) the infringement provided for in Articles 2 (3) and 4 (2) and (3) of this Law.
(1) The penalty may be imposed within one year of the date on which the air protection authority has detected a breach of the prohibition or obligation, but no later than three years after the date on which the infringement of the prohibition or obligation occurred.
(2) In fixing the amount of the fine, account shall be taken of the seriousness of the threat to the environment.
(3) Where a legal person or a natural person authorised to do business within a period of one year from the legal authority of the decision imposing a fine again infringes the prohibition or obligation for which a fine has been imposed, a further fine shall be imposed up to five times the fine provided for in Article 5.
(4) General administrative law applies to proceedings for the imposition of fines under this Act. 2)
The fine is 50% of the income of the municipality where the law was broken and 50% of the income of the State Environmental Fund of the Czech Republic. If the municipality cannot be determined, the entire fine imposed is the income of the State Environmental Fund of the Czech Republic.
The Act of the Czech National Council No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, is added as follows:
In Article 3 (2), the following point (g) is inserted after point (f):
"(g) imposes fines on legal persons and natural persons authorised to do business for infringement of the obligations laid down in the Act prohibiting the manufacture, import and use of substances harmful to or threatening the ozone layer of the Earth and products containing such substance, 11a)
11a) Act No. 211 / 1993 Coll., on the prohibition of the production, import and use of substances that harm or threaten the ozone layer of the Earth and of products containing such substances. '
Points (g) and (h) shall be renumbered as points (h) and (i).
Transitional and final provisions
Paragraphs 2 (1) and 3 (1) and (2) shall not apply to substances and products used in health care in acute life threats; the list and quantities of these substances and products shall be established by decree by the Ministry of the Environment after consultation with the Ministry of Health; at the same time it shall determine the period during which imports must be terminated.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
Annex to Act No. 211 / 1993 Coll.
List of substances
(Paragraph 2 (1) of the Law)
A. The production, import and use of the following substances shall be prohibited as from 1 April 1994:
| Název | Chemická značka | Označení |
|---|---|---|
| chlórbrómdifluórmethan | CF2BrCl | Halon-1211 |
| brómtrifluórmethan | CF3Br | Halon-1301 |
| dibrómtetrafluórethan | C2F4Br2 | Halon-2402 |
B. The production, import and use of the following substances shall be prohibited as from 1 January 1996:
| Název | Chemická značka | Označení |
|---|---|---|
| trichórfluórmethan | CFCl3 | CFC-11 |
| dichlórdifluórmethan | CF2Cl2 | CFC-12 |
| trichlórtrifluórethan | C2F3Cl3 | CFC-113 |
| dichlórtetrafluórethan | C2F4Cl2 | CFC-114 |
| chlórpentafluórethan | C2F5Cl | CFC-115 |
| chlórtrifluórmethan | CF3Cl | CFC-13 |
| pentachlórfluórethan | C2FCl5 | CFC-111 |
| tetrachlórdifluórethan | C2F2Cl4 | CFC-112 |
| heptachlórfluórpropan | C3FCl7 | CFC-211 |
| hexachlórdifluórpropan | C3F2Cl6 | CFC-212 |
| pentachlórtrifluórpropan | C3F3Cl5 | CFC-213 |
| tetrachlórtetrafluórpropan | C3F4Cl4 | CFC-214 |
| trichlórpentafluórpropan | C3F5Cl3 | CFC-215 |
| dichlórhexafluórpropan | C3F6Cl2 | CFC-216 |
| chlórheptafluórpropan | C3F7Cl | CFC-217 |
| tetrachlórmethan | CCl4 | |
| 1,1,1 - trichlórethan | C2H3Cl3 | (methylchloroform) |
C. From the date of entry into force of this Act, the manufacture and import of dispensers (aerosol packages) for which the substance listed in this Annex is used as a driving agent (Section 9 of the Act) shall be prohibited.
1) Act ČNR No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended.
2) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 211 / 1993 Coll., on the prohibition of the production, import and use of substances that deplete or threaten the ozone layer of the Earth and products of such substance containing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.1993 |
|---|---|
| Effective from | 13.08.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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