Decree No. 243 / 2023 Coll.
Decree on the implementation of certain provisions of the Act on substances that deplete the ozone layer and on fluorinated greenhouse gases
Valid
Order
Effective from 23.08.2023
Zobrazeno prvních 200 z celkem 374 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
243
DECLARATION
of 26 July 2023
on the implementation of certain provisions of the Act on substances that deplete the ozone layer and on fluorinated greenhouse gases
The Ministry of the Environment shall determine, pursuant to Articles 4 (3) and (6), 8 (7), 10b (4) and 11 (4) of Act No. 73 / 2012 Coll., on substances that deplete the ozone layer and on fluorinated greenhouse gases, as amended by Act No. 89 / 2017 Coll. and Act No. 60 / 2023 Coll., ("the Act '):
Subject matter
This decree, following directly applicable European Union1), 2) provides:
(a) a model register of establishments containing controlled substances;
(b) requirements for the manner in which records are kept and kept pursuant to Article 6 of Regulation (EU) No 517 / 20142 of the European Parliament and of the Council;
(c) the minimum requirements for the theoretical and practical examination carried out by the evaluation and certification body;
(d) the extent of the required knowledge for the recovery, regeneration or disposal of controlled substances;
(e) procedures for the activities referred to in Article 10 (1) and (2) or Article 10a (1) and (2) of the Act, with the exception of procedures for checking the leakage of refrigeration or air conditioning equipment or fire protection systems containing fluorinated greenhouse gases;
(f) the content of certificates and the method of issuing certificates; and
(g) reporting patterns.
Model register of establishments containing controlled substances
The model of the register of equipment referred to in Section 4 (2) of the Act is set out in Part A of Annex 1 to this Decree.
Requirements for the manner in which records are kept and kept pursuant to Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council
(1) Records kept pursuant to Article 6 of Regulation (EU) No 517 / 20142 of the European Parliament and of the Council shall be kept in the Czech language in paper or electronic form.
(2) In the case of records kept in paper form, the model record sheet set out in Part B of Annex No 1 to this Order or any other type of record which allows all records to be kept in accordance with Article 6 of Regulation (EU) No 517 / 20142 of the European Parliament and of the Council) shall be used. Each alert, including the repair of the records, made in the record book shall include information on the date of the record, the person who made the alert, including the number of his certificate, and the signature of that person.
(3) In the case of electronic records, electronic records shall be kept in such a way as to enable all alerts to be kept in accordance with Article 6 of Regulation (EU) No 517 / 20142 of the European Parliament and of the Council. In the case of electronic records, it shall be ensured that only persons authorised to do so carry out the records, ensuring that the person who made the alert can be identified. Furthermore, it must be ensured that:
(a) the contents of the original record, the date of the repair, the nature of the repair and the identification of the person who made the correction can be ascertained when the alert is corrected;
(b) all records, including their corrections, have been backed up at a repository other than the original records, including their corrections;
(c) the records, including their corrections, and their advances, are carried out and stored in machine-readable format;
(d) the software used to keep records ensures that the records, including their corrections, and their advances cannot be modified retrospectively other than by making a correction;
(e) the backup of the recorded records, including their corrections, shall be effected without delay after the alert or the correction of the alert has been made; where this is not possible, at least at the intervals provided for in Article 4 of Regulation (EU) No 517 / 20142 of the European Parliament and of the Council; and
(f) the records, including their corrections, and their advances, have been made available on request to the inspection authorities at the point of operation of the equipment for immediate inspection, while allowing them to be transferred to the analogue form at any time during the inspection.
Minimum requirements for the theoretical test carried out by the evaluation and certification body
(1) The theoretical test shall be carried out in the form of a written test consisting of 2 thematic circuits; the first heading contains questions verifying knowledge set out in Annex I to Commission Implementing Regulation (EU) No 2015 / 20673), Annex I to Commission Implementing Regulation (EU) No 2015 / 20664) and the Annex to Commission Regulation (EC) No 304 / 20085), and the second heading contains questions verifying theoretical competence according to the category of certificate applied for. For each question, the choice of at least 3 answers is when exactly 1 is correct.
(2) The theoretical examination must contain at least 50 questions generated from the list of test questions which is part of the valid authorisation of the evaluating and certification body. In the case of a theoretical examination for applicants for category III and IV certificates referred to in Article 3 (2) of Commission Implementing Regulation (EU) 2015 / 20673, the theoretical examination shall contain at least 30 questions generated from the list of test questions which are included in the valid authorisation of the evaluating and certifying bodies.
(3) The evaluation and certification body shall ensure that a random set of questions meeting at least the minimum requirements laid down in this Decree and the area of certification for which certification is sought is generated for each date of the theoretical examination, then Annex I to Commission Implementing Regulation (EU) 2015 / 20673, Annex I to Commission Implementing Regulation (EU) 2015 / 20664, or the Annex to Commission Regulation (EC) No 304 / 20085.
(4) The duration of the theoretical test is not more than 60 minutes.
(5) At least 80% of the correct answers are required for a successful theoretical test. The successful theoretical test shall be assessed by "passed ', the unsuccessful theoretical test shall be evaluated by" failed'.
(6) In case of failure, the theoretical test may be repeated. The minimum requirements for the theoretical test set out in paragraphs 1 to 5 shall apply mutatis mutandis for a repeated theoretical test.
Minimum requirements for a practical test carried out by an evaluation and certification body
(1) Only candidates who have successfully passed the theoretical examination may be admitted to the practical examination.
(2) The practical test consists of a solution to the randomly drawn practical test question and answers to the additional questions of the members of the panel. The test question for the practical test shall include the assignment of a practical task, the solution of which is carried out and described by the examination committee. The list of all practical test questions is part of the valid authorisation of the evaluation and certification body. The successful practical test shall be assessed by "passed ', the unsuccessful practical test shall be assessed by" failed'.
(3) The practical examination shall be evaluated and shall be attended by at least 3 members of the examination committee listed on the approved list of members of the examination committee which is part of the valid authorisation of the evaluation and certification body. The members of the test committee present shall always elect the chairman of the test committee from among their own before the practical examination begins. The Chairman of the Examination Board shall direct the course of the practical examination, notify the candidate of the outcome of the practical examination and, in the event of a tie, his or her vote shall be decisive in the event of a tie.
(4) The test committee shall draw up a report on the course of the practical examination, which shall include:
(a) identification of the evaluation and certification body;
(b) the names of the members of the panel and the designation of the chairman of the panel;
(c) the tenderers' identification details;
(d) in the case of a candidate for a certificate for cooling, air conditioning and heat pumps, also an indication of the category of certificate applied for;
(e) identification of the drawn practical test question;
(f) an overall assessment of the practical examination, including an indication of the degree of evaluation carried out by the applicant, and additional information on the course of the practical examination, if relevant;
(g) the date of the practical examination; and
(h) the signatures of all members of the examination committee and of the candidate.
(5) The duration of the practical test is at least 30 minutes.
(6) In the event of failure in the practical examination, the practical examination may be repeated no later than 6 months after the failure of the practical examination. The minimum requirements for the practical examination referred to in paragraphs 1 to 5 shall apply mutatis mutandis to the repeated practical examination.
Scope of required knowledge for the recovery, regeneration or disposal of controlled substances
(1) The extent of the required knowledge within the framework of the training of natural persons carrying out the recovery of controlled substances and otherwise handling controlled substances in the framework of the recycling of products:
(a) basic knowledge of ozone layer protection and ozone layer protection legislation;
(b) basic knowledge of the concept of ozone depletion potential and the use of controlled substances;
(c) the method of filling and emptying bottles of controlled substances in both liquid and gaseous form and the method of determining the quantity of controlled substance in the bottle;
(d) requirements for good handling, storage and transport procedures for controlled substances;
(e) the method of operating the apparatus for the extraction of controlled substances;
(f) the method of proper handling of discarded products;
(g) the method of keeping records of activities in accordance with the introductory part of the provisions; and
(h) basic knowledge of the physical and chemical properties of controlled substances, including recycling and regeneration procedures.
(2) The extent of the required knowledge in the training of natural persons handling controlled substances in the framework of their regeneration:
(a) basic knowledge of ozone layer protection and ozone layer protection legislation;
(b) basic knowledge of the concept of ozone depletion potential and the use of controlled substances;
(c) the method of filling and emptying bottles of controlled substances in both liquid and gaseous form and the method of determining the quantity of controlled substance in the bottle;
(d) requirements for good handling, storage and transport procedures for controlled substances;
(e) the method of operation of the instrument for regeneration of controlled substances;
(f) the method of keeping records of activities in accordance with the introductory part of the provisions; and
(g) basic knowledge of the physical and chemical properties of controlled substances, including recycling and regeneration procedures.
(3) The extent of the required knowledge in the training of natural persons handling controlled substances in the framework of their disposal:
(a) basic knowledge of ozone layer protection and ozone layer protection legislation;
(b) basic knowledge of the concept of ozone depletion potential and the use of controlled substances;
(c) requirements for good handling, storage and transport procedures for controlled substances;
(d) the method of keeping records of activities in accordance with the introductory part of the provision;
(e) basic knowledge of the physical and chemical properties of controlled substances, including their disposal procedures; and
(f) the method of filling and emptying bottles of controlled substances in both liquid and gaseous form and the method of determining the quantity of controlled substance in the bottle.
(4) Paragraph 3 (f) does not apply to the training of natural persons handling controlled substances which are transported by pipeline from the point of origin to the point of disposal.
(5) The training provided for in paragraph 1 is provided by a person authorised under Paragraph 10a (2) (a) of the Act. The training provided for in paragraph 2 shall be provided by the person authorised under Paragraph 10a (2) (b) of the Act. The training provided for in paragraph 3 shall be provided by the person authorised under Paragraph 10a (2) (c) of the Act.
Procedures for the treatment of controlled substances, fluorinated greenhouse gases or products containing such substances and procedures for the operation of a special halon warehouse
(1) The procedures for the recovery of controlled substances and fluorinated greenhouse gases in the recycling of domestic cooling products are set out in Annex 2 to this Regulation.
(2) The procedures for the recovery of controlled substances and fluorinated greenhouse gases in the recycling of refrigeration equipment other than domestic cooling products are set out in Annex 2 to this Decision.
(3) The procedures for the operation of a special halon warehouse and the procedures for the recovery of controlled substances and fluorinated greenhouse gases in the recycling of products intended for fire protection, the procedure and method of control and registration of those substances are set out in Annex 3 to this Regulation.
(4) The procedures for the disposal of controlled substances or products containing controlled substances are set out in Annex 4 to this Decree.
Procedures for checking the leakage of cooling circuits of equipment containing controlled substances
(1) Before checking the leakage of cooling circuits of equipment containing controlled substances, the certified person shall check the equipment records, paying particular attention to information on recurrent problems and problem areas.
(2) The certified person shall carry out checks on the following parts of refrigeration, air conditioning or heat pumps:
(a) connections,
(b) valves including spindles;
(c) seals, including seals, on exchangeable dehydrated agents and filters;
(d) parts of the system exposed to vibration; and
(e) connection to safety and operational equipment.
(3) When carrying out a leak check on the cooling, air conditioning or heat pump containing the controlled substance, the certified person shall use the direct measurement method referred to in paragraph 4 or the indirect measurement method referred to in paragraph 7. The indirect measurement methods may be used only if the parameters of the equipment referred to in paragraph 7 to be analysed show what the content of the controlled substances listed in the equipment records and the likelihood of leakage.
(4) One or more of the following direct measurement methods may be used to check leakage:
(a) checking the cooling circuits and their components at risk of leakage by means of gas detection devices adapted to the refrigerant used in the system;
(b) introduction of UV detection fluid or appropriate dye into the circuit; or
(c) the use of a special bubble or soap solution.
(5) The following procedures shall apply when applying direct methods:
(a) the gas detection equipment referred to in paragraph 4 (a) shall be checked once every 12 months to ensure that it operates properly; the sensitivity of portable gas detection equipment shall be at least 5 g / year;
(b) the introduction of UV detection liquid or appropriate dye into the cooling circuit shall be carried out only if the device manufacturer has approved such detection methods as technically possible; This method can only be used by personnel certified to carry out activities involving interference in the cooling circuit containing the controlled substance;
if, by means of the methods referred to in paragraph 4, leakage is not detected and the parts referred to in paragraph 2 do not show signs of leakage, but the certified person considers that the leakage is occurring, he shall check the other parts of the equipment which may be presumed to be leakage.
(6) Prior to direct measurement by a nitrogen-free pressure test or by another gas suitable for a leakage pressure test, a person certified to recover a controlled substance from a given type of device shall recover the controlled substance from the whole system.
(7) To check leakage by indirect method, the certified person shall use visual and manual inspection of the equipment and evaluation of one or more of the following parameters:
(a) pressure,
(b) temperature,
(c) electrical current of the compressor;
(d) liquid levels;
(e) the quantity of added refrigerant.
(8) Any suspected leakage of the controlled substance shall be verified by leakage check using the direct measurement method referred to in paragraph 4.
(9) The leakage control method used shall be recorded in the equipment register.
Procedures for checking the leakage of the fire protection system containing controlled substances
(1) Before checking the tightness of the fire protection system, the certified person shall check the equipment records, paying particular attention to information on recurrent problems and problem areas.
(2) When detecting damage and signs of leakage, the certified person shall carry out a visual inspection of the controls, storage tanks, connections under pressure and other components.
(3) Suspected leakage is the following:
(a) a fixed leakage detection system reports leakage;
(b) the container shows a pressure reduction of more than 10% compared to the last recorded value after deduction of the effect of the temperature; or
(c) the container shows a drop of more than 5% in the amount of the extinguishing agent compared to the last recorded value.
(4) The proper functioning of pressure gauges and mass monitoring devices shall be checked by the certified person once every 12 months.
(5) The leakage control procedure used shall be recorded in the equipment register.
Procedures for regeneration of fluorinated greenhouse gases and controlled substances
(1) The regeneration process always involves the reprocessing of fluorinated greenhouse gases or controlled substances so that their characteristics after regeneration correspond to those of newly produced substances. The regeneration process is not a process consisting of the basic cleaning of fluorinated greenhouse gases or controlled substances used as refrigerants within the service of the end customer.
(2) The individual procedures for the regeneration of fluorinated greenhouse gases and controlled substances used as refrigerants or fires are set out in Annex 5 to this Regulation.
Content of certificates and how certificates are issued
(1) Certificates are issued for an indefinite period. Certificates shall be issued in writing in accordance with the approved model of the certificate, which is part of the valid authorisation of the evaluation and certification body, in paper or electronic form. In the case of a certificate issued in paper form, the certificate shall be signed by the person authorised to act as an evaluation and certification body in matters of certification under the law (hereinafter referred to as the "Authorised Person '), the certificate shall be signed by the authorised person recognised by the electronic signature by the evaluating and certification body and, in the case of a certificate issued in electronic form by the Ministry of the Environment (hereinafter referred to as" Ministry'), the authorised official.
(2) In the case of certificates issued by an evaluation and certification body to natural persons, the certificate shall contain:
(a) identification of the evaluation and certification body which issued the certificate;
(b) the reference number of the authorisation to carry out the activities of the evaluation and certification body;
(c) the name and, where applicable, the names and surnames, the address of the place of residence and the date of birth of the certified person, if any, if it is a natural person, or a commercial firm, the address of the registered office and the identification number of the certified person, if it is a natural person engaged or legal person;
(d) a unique certificate number;
(e) the indication of the directly applicable European Union Regulation under which the certificate is issued;
(f) the definition of the activity for which the natural person is authorised on the basis of a certificate, in the case of certificates issued under Commission Implementing Regulation (EU) 2015 / 20673), including the indication of the category of certificate;
(g) the date of issue of the certificate and the information that the certificate is issued for an indefinite period; and
(h) the name, surname and signature of the authorised person referred to in paragraph 1.
(3) In the case of certificates issued by the Ministry, the certificate, other than those referred to in points (c) to (g) of paragraph 2, shall also include the designation of the Ministry, the reference number, the name, surname, function and signature of the authorised official referred to in paragraph 1.
Reporting models
Models for reporting pursuant to § 11 (1) and (2) of the Act are set out in Annex 6 to this Decree.
Notification of technical regulation
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Repeal
They shall be deleted:
1. Decree No. 257 / 2012 Coll., on the prevention of emissions of ozone depleting substances and fluorinated greenhouse gases.
2. Decree No. 472 / 2017 Coll., amending Decree No. 257 / 2012 Coll., on the prevention of emissions of substances that deplete the ozone layer and fluorinated greenhouse gases.
Efficacy
This Decree shall take effect on the 15th day following its publication, with the exception of the provisions of Section 10 and Annex 5, which shall take effect on 1 January 2026.
Minister:
Mgr.
Příloha č. 1
Annex No 1 to Decree No 243 / 2023 Coll.
Příloha č. 2
Annex No 2 to Decree No 243 / 2023 Coll.
Procedure for the recovery of controlled substances and fluorinated greenhouse gases from refrigeration equipment
These quality and control provisions apply to processing, in particular recycling of discarded refrigerating equipment containing controlled substances and fluorinated greenhouse gases. They shall adjust the collection conditions for recycling and regeneration for further use or disposal.
1. used terms for the purposes of this Annex.
(a) The substance or fluorinated greenhouse gas that has been used in the manufacture of heat-insulating solids for foaming is a controlled substance or fluorinated greenhouse gas.
(b) Recycling of refrigeration equipment means all measures on the recording, storage and modification of refrigerating equipment containing controlled substances and fluorinated greenhouse gases, the aim of which is primarily to capture and transfer controlled substances and fluorinated greenhouse gases for disposal as well as to obtain valuable secondary raw materials in an environmentally sound manner for further use.
(c) household refrigerating equipment means refrigerators of a typical design for domestic use and other similar uses up to a capacity of 270 litres; the equipment may be equipped with or without a separate freezer and freezer compartment (= type of device 1).
(d) Combined refrigerator and household freezer means household refrigerating appliances and other similar use of household contents from 270 litres to 350 litres normally equipped with a separate freezer and compartment (= type of device 2).
(e) Freezers and household boxes are refrigerating equipment in the design design for the household and for other similar applications up to 500 litres of utility content (= type of device 3).
(f) The body and storage shall be all measures to ensure the collection of refrigerating equipment at the place of occurrence up to the place of treatment; This includes both measures for the temporary storage of refrigerators by the waste producer and measures in an adjustment undertaking.
(g) adaptation means:
I. opening of the cooling circuit and extraction of controlled substances, fluorinated greenhouse gases and oils from the circulation of the cooling circuit (stage I),
II. Release of foam thermal insulation materials containing controlled substances and fluorinated greenhouse gases, other materials, parts of equipment, or components and elements of refrigeration equipment, always using appropriate technical equipment to separate the controlled substances so as not to leak them into the air (stage II),
III. Classification and classification of substances obtained under stage I and stage II as well as preparation for further use and disposal.
2. Collection and recycling of refrigerating equipment
2.1 General and specific requirements for the collection and storage of refrigeration equipment
2.1.1 General requirements
Protection measures shall be taken to effectively prevent the theft or loss of refrigerating equipment collected or their unauthorised sale.
2.1.2. Specific requirements for collection and storage
2.1.2.1. Collection of refrigerating equipment
The removal of refrigerating equipment shall be carried out in a way that eliminates damage to equipment that would cause the release of substances that are hazardous to the environment or make it difficult or impossible to modify. In particular, damage to the cooling circuit should be avoided by appropriate measures. Appropriate devices for the capture of flowing liquids (oils) and sorbent materials for the disposal and binding of flowing liquids in sufficient quantities should still be provided.
2.1.2.2. Transport of refrigerating equipment
When transporting refrigerating equipment, measures must be taken to prevent leakage of liquids. Cooling equipment carried on means of transport shall be secured in such a way as to avoid damage to the equipment and the release of controlled substances and fluorinated greenhouse gases. The refrigerating device shall be protected from impacts, overturns or falls during loading and unloading. The cooling device shall be transported in the position prescribed by the manufacturer of the type of equipment for the transport of new products.
2.1.2.3 Storage of refrigerating equipment
Accepted refrigeration equipment shall be registered according to the quantities of each type, controlled substances and fluorinated greenhouse gases and the type of insulation. The device shall be checked for mechanical damage and the extent of damage recorded in writing. A list of serious damage shall be drawn up in accordance with the model in this Annex, in which form may be chosen. The storage of refrigerating equipment received should be carried out taking into account the water protection legislation, in particular the requirements for a bath. Storage shall be ensured in such a way as to avoid damage to refrigerating equipment that would make further treatment difficult or impossible, or would cause the release of environmental substances.
2.2 Modification of refrigeration equipment
2.2.1. General requirements
A description of the technological processes and their progress in the treatment of refrigerating equipment containing controlled substances and fluorinated greenhouse gases is necessary. In addition, it is necessary to establish the appropriate allocation of individual operating sections to the processes and their operation (operating schedules). Protection measures must be taken against the theft or loss of refrigerating equipment obtained by other means or by their unauthorised sale. The re-entry into circulation of complete recycling facilities containing controlled substances (in the cooling system and / or in foam insulation) is not permitted. All refrigerators taken over shall be subjected to treatment.
2.2.2. Specific requirements for the treatment of refrigerating equipment containing controlled substances and fluorinated greenhouse gases
The adjustment shall include the following basic activities:
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 243 / 2023 Coll., on the implementation of certain provisions of the Act on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gases |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.08.2023 |
|---|---|
| Effective from | 23.08.2023 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Smlouva o dílo - poradenství v oblasti ŽP
Nemocnice Kyjov, příspěvková organizace
Recovera Využití zdrojů a.s.
223 608 CZK
12.12.2025
Servis VZT školní jídelna
Gymnázium a střední odborná škola Mikulov, příspěv...
AZ KLIMA a.s.
44 000 CZK
14.05.2025
Smlouva o dílo - Poradenská činnost - odpadové hospodářství
Nemocnice Kyjov, příspěvková organizace
Recovera Využití zdrojů a.s.
203 280 CZK
06.01.2025
Rámcová smlouva o dílo - lokalita Rychnovsko
Oblastní nemocnice Náchod a.s.
AC EURO a.s.
555 995 CZK
19.09.2024
Smlouva o dílo provádění preventivních servisních prohlídek, záručních a pozáručních oprav chladicíc...
Katastrální úřad pro Moravskoslezský kraj
BENKO SK s.r.o.
67 721 CZK
20.05.2024
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0