Decree No. 358 / 2002 Coll.
Decree of the Ministry of the Environment laying down the conditions for the protection of the ozone layer of the Earth
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Order
Effective from 14.08.2002
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14.08.2002
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358
DECLARATION
Ministry of Environment
of 11 July 2002
laying down conditions for the protection of the Earth's ozone layer
According to Section 55 (3) of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), ("the Act '), the Ministry of Environment provides for the implementation of Sections 23 (8), 24 (7), 25 (7), 27 (2), 29 (12), 30 (4) and 33 (5) of the Act:
Subject matter
The subject matter of this decree is:
(a) fixing the admissible quantities of imported controlled substances listed in Annex 4 to the Act;
(b) establishing the possibility of using hydrochlorofluorocarbons which are not prohibited or restricted to their use;
(c) laying down the formalities for applications for authorisations issued under the law;
(d) laying down conditions for the treatment and prevention of leakage of controlled substances.
Basic concepts
For the purposes of this decree:
(a) use - use of controlled substances in production or maintenance, in particular in the performance of products or equipment or in other processes, with the exception of uses as feedstock or as a technological device;
(b) reverse air-conditioning system and heat pump - a combination of constructively connected components containing a refrigerant which forms one closed cooling circuit in which the refrigerant circulates for the purpose of removing and transmitting heat (i.e. cooling, heating); uses processes which are reversible in the sense that evaporators and capacitors are designed to be interchangeable in their function;
(c) authorised person - any person authorised under the law to treat controlled substances or products containing them and other activities referred to in Article 29 (1) of the Act;
(d) the production of refrigeration and air-conditioning equipment (s) - the installation of equipment or modifications in which their construction is determined or modified, or the design of the type of controlled substance used in the installation and the filling of equipment by a controlled substance (heat exchange medium, thermal insulation); the installation or assembly of a disassembled equipment supplied as a complete with the filling of the controlled substance is not regarded as production of the equipment;
(e) making available on the market - the supply or supply to third parties of controlled substances or products containing such substances, whether for consideration or free of charge;
(f) halon installations - permanently installed equipment containing controlled substances of Group III listed in Annex 4 to the Act used for fire protection, cooling and other purposes; the halon installation is not a portable hand extinguisher,
(g) storage - temporary storage of controlled substances for operational, manufacturing and commercial purposes, for recycling and disposal purposes in a total quantity of more than 150 kg in all listed and other cases. The quantity stored shall mean the actual quantity of controlled substances in storage. Storage of used products means storage of those products in excess of 100 pieces.
Total annual import limit for methyl bromide
(K § 23 of the Act)
The total annual limit of methyl bromide, including methyl bromide, contained in the products which can be imported by all importers in total, shall be 3 tonnes for 2002, 2 tonnes for 2003 and 1 tonne for 2004.
Total annual import limit for hydrochlorofluorocarbons
(Paragraph 23 (4) of the Law)
The total annual limit for hydrochlorofluorocarbons, including hydrochlorofluorocarbons contained in products which can be imported by all importers in total, is 300 tonnes for 2002, 200 tonnes for 2003 and 100 tonnes for 2004.
Total annual limit of production and import of controlled substances to ensure the necessary needs
(Paragraph 23 (8) of the Law)
The total annual limit of controlled substances and controlled substances contained in products to ensure the necessary needs, technological purposes, quarantine and disinfection purposes for the protection of goods against transport and for use in science and laboratories for the determination of the quality of water that can be imported and produced is set out in Annex 1 to this Decree for the years 2002 to 2004.
Options for the use of hydrochlorofluorocarbons which are not subject to prohibition and the time limits by which they may be used
(K § 24 (7) of the Act)
Paragraph 24 (1) of the Act does not apply to the following uses of hydrochlorofluorocarbons:
(a) until 1 January 2003, when used as solvents, unless they are used in open spaces, including non-covered cleaning equipment and non-covered drainage systems without refrigerated surfaces, in adhesives and in moulds release agents, unless they are used in closed facilities, for cleaning drainage or drainage channels where hydrochlorofluorocarbons are not recovered;
(b) during the period until 31 December 2008 for use as solvents in the fine cleaning of electrical and other components in the aerospace industry;
(c) as a refrigerant in equipment manufactured before 1 January 1996 for use in non-closed evaporation systems, domestic refrigerators and freezers, motor vehicles and agricultural and forestry tractors, regardless of the source of operational energy. Furthermore, in motor vehicles and transport equipment used in the military and in air-conditioning facilities of public road transport,
(d) until 31 December 2008 in motor vehicles and agricultural and forestry tractors, irrespective of the source of operating energy, including military use;
(e) in air-conditioning plants manufactured before 1 January 1998,
(f) in public cold stores, distribution cold stores and warehouses and in facilities with input power at shaft 150 kW and higher produced before 1 January 2000;
(g) in all other refrigeration and air-conditioning plants manufactured before 1 January 2001 except fixed air-conditioning plants, with a cooling capacity of less than 100 kW, where the use of hydrochlorofluorocarbons will be authorised until 30 June 2002;
(h) in equipment of reverse air conditioning systems / heat pump where the use of hydrochlorofluorocarbons will be authorised until 31 December 2003;
(i) for the period until 31 December 2009 for the use of newly produced hydrochlorofluorocarbons in the maintenance and servicing of refrigeration and air-conditioning equipment existing on that date and for the use of other hydrochlorofluorocarbons for that purpose until 31 December 2014;
(j) for use in the manufacture of polyurethane foam for electrical appliances and in the manufacture of laminated polyurethane foam with a flexible surface and polyurethane peeling panels in the period up to 31 December 2002; the use of the last two scheduled materials for isolation during transport is also possible,
(k) during the period until 31 December 2003 for use for isolation during transport;
(l) in the period up to 31 December 2003 in the manufacture of any foam material including polyurethane foam in spray and block,
(m) for use in the manufacture of products for export to countries where the use of hydrochlorofluorocarbons in those products is authorised, until 31 December 2009;
(n) in all cases of use as carrier gas of sterilisation substances in closed systems which were manufactured before 1 January 1998.
Forms of application for import authorisation
(Paragraph 25 (7) of the Law)
(1) An application for authorisation to import a controlled substance or products containing it shall be made on a form containing such information and supporting documents.
(a) in the case of a natural person - name and surname, date of birth and address of the place of permanent residence and, where appropriate, a distinguishing supplement;
(b) in the case of a legal person - a trading firm or name, registered office, identification number, if any. Furthermore, the applicant shall indicate the number of the trade licence, if issued, or a similar document of the relevant authorisation, and, in the case of a natural person authorised to do business, shall indicate the trade name or business name under which he operates,
(c) country of export,
(d) the country of final destination;
(e) a description of each controlled substance, including the commercial description, description and code of the Combined Nomenclature as set out in Annex 5 (substance) or 6 (product) to the Act;
(f) the nature of the substance (not yet used, recovered or regenerated),
(g) the quantity of substance in kilograms;
(h) the purpose of the proposed imports;
(i) if known, the location and date of the proposed imports,
(j) a copy of the trade certificate or extract from the commercial register;
(k) in the case of medicinal products, proof of a copy of the marketing authorisation in force and of a copy of the authorisation to operate issued by the State Institute for the Control of Medicinal Products under a specific legislation. 1)
(2) The model for the application for individual import authorisation of a controlled substance or products containing it is set out in Annex 2 to this Regulation.
Forms of application for export authorisation
(Paragraph 27 (2) of the Law)
(1) The application for authorisation to export the controlled substance or products containing it shall contain the following particulars and supporting documents:
(a) in the case of a natural person - name and surname, date of birth and address of the place of permanent residence and, where appropriate, a distinguishing supplement;
(b) in the case of a legal person - a trading firm or name, registered office, identification number, if any. Furthermore, the applicant shall indicate the number of the trade licence, if issued, or a similar document of the relevant authorisation, and, in the case of a natural person authorised to do business, shall indicate the trade name or business name under which he operates,
(c) a description of the substance intended for export, including the commercial description, description and code of the Combined Nomenclature and the nature of the substance indicating whether it is a substance not yet used, recovered or regenerated;
(d) the total quantity of the substance to be exported;
(e) the country of final destination of the substance;
(f) the purpose of the export;
(g) a copy of the trade certificate or extract from the commercial register;
(h) in the case of medicinal products, copies of the documents referred to in Section 7 (k).
(2) The model for the application for individual export authorisation of controlled substances or products containing them is set out in Annex 3 to this Regulation.
Recovery of halons
[Paragraph 29 (1) (c) of the Law]
(1) Halons contained in fire protection facilities and fire extinguishers, as well as in other products and equipment, shall be recovered for service operations, maintenance, repair, dismantling or disposal of equipment or fire extinguishers by an authorised person and subsequently transmitted to legal and natural persons authorised to do so in special halons storage.
(2) Special halons storage means equipment systems designed to collect and store halons with specially monitored operation until they are used or disposed of. These systems ensure recovery, storage, detection, recycling, regeneration, re-output, disposal and registration of received halons, mainly from fire protection systems and fire extinguishers.
(3) When issuing authorisations relating to specific halons, the method of handling them shall be part of that authorisation.
Recovery of controlled substances
(Paragraph 29 (1) and (6) of the Act)
Controlled substances shall be recovered in such a way as to ensure the lowest possible leakage of controlled substances into the atmosphere using the best available technology in terms of environmental protection and economic acceptability. The conditions are laid down by the Ministry of the Environment ("the Ministry ') in the permits for this activity. The binding technology for the recovery of controlled substances and the method of control and registration of those substances are set out in Annex 12 to this Decree.
Application for authorisation to handle controlled substances and products containing them
(Articles 29 (2) and 33 (5) of the Act)
(1) Controlled substances (in terms of recovery, regeneration, recycling and disposal) may be treated by organisations authorised under Article 29 (2) of the Act with the professional qualifications of personnel carrying out these activities.
(2) The application for authorisation for the treatment of controlled substances and products containing them shall contain the following particulars and supporting documents:
(a) in the case of a natural person - name and surname, date of birth and address of the place of permanent residence and, where appropriate, a distinguishing supplement;
(b) in the case of a legal person - a commercial firm or the name of a legal person, registered office, identification number, if any. Furthermore, the applicant shall indicate the number of the trade licence, if issued, or a similar document of the relevant authorisation, and, in the case of a natural person authorised to do business, shall indicate the trade name or business name under which he operates,
(c) a description of the preventive measures to prevent releases of controlled substances;
(d) a description of the way in which the releases of controlled substances are controlled; and
(e) a copy of the trade certificate or extract from the commercial register.
(3) The request, having regard to the subject matter of the request, also contains:
(a) type of activity: collection and storage of substances, products or equipment containing them, recycling, regeneration, production or other treatment;
(b) a list of the types of products and equipment to be recovered from the controlled substances: refrigeration or air-conditioning equipment, heat pump equipment, refrigerators and freezers, equipment containing solvents, fire protection systems and fire extinguishers, other equipment;
(c) the list of controlled substances to be recovered;
(d) a description of the technical and technological equipment on which the intended treatment will be carried out and a description of the treatment procedures;
(e) the quantity of controlled substances to be handled, the total quantity of substances and the list of individual substances with the quantities concerned.
(4) The model of the application for authorisation for the treatment of controlled substances is set out in Annex 4 to this Regulation.
Requirements for control and measurement of releases of controlled substances
(K § 29 of the Act)
(1) In the case of refrigeration and air-conditioning equipment with a content of controlled substances above 3 kg not moved, the persons authorised to do business shall check once a year their leakage by a competent person authorised by the Ministry pursuant to Article 29 (2) of the Act (hereinafter referred to as "revision technician"), which shall make a written record of the status of the check, indicating the defects identified and confirming the capability of the plant to operate. The operator shall provide the installation with the necessary synergies when checking the leakage of controlled substances.
(2) The persons authorised to do business shall keep operational documentation of refrigeration and air-conditioning equipment containing records of service inspections carried out, repairs and revisions with confirmation of the capability of the equipment to operate by the revision technician. These written records shall be kept throughout the life of the refrigeration or air-conditioning equipment. The implementation of the revision test shall be marked on the label of the refrigeration or air conditioning equipment by means of a special label, stamp or other demonstrable means.
(3) Control of the leakage of controlled substances is carried out by competent persons:
(a) a service technician providing routine preventive inspections, maintenance and repair of refrigeration and air-conditioning equipment; in each of these activities, control the leakage of controlled substances. It shall record these activities, indicating the defect detected and the method of disposal that will be included in the operational documentation of the installation,
(b) the review technician, at the request of the operator, shall carry out a check on the release of controlled substances as referred to in paragraphs 1 and 2. It shall record the revision carried out, confirming that the installation complies with the requirements in the event that the leaks are insignificant and are fit for operation. The revised verification of the capability of the equipment shall be marked on the label of the refrigeration or air conditioning equipment by means of a special label, stamp or other demonstrable means. In the event of a risk of leakage of controlled substances and a breach of the provisions of Paragraph 29 (9) of the Act, they shall notify the air protection authorities of this fact.
(4) In the case of a device assembled at a production site and where no assembly work is carried out at the installation site except the connection of the electrical network, the manufacturer certifies the performance of the leak test by stamping the device label or by means of a label certifying the performance of the leak test.
(5) If the device is assembled and filled up to the site, a leak test shall be carried out by air or inert gas. The pressure test shall be carried out on all parts of the device which operate under coolant pressure. During the test of the device, the permissible operating pressure of the device shall not be exceeded. If some parts of the equipment are supplied by the manufacturer with a refrigerant, a closed pipe shall be attached and the leak test shall not be carried out on them. Similarly, if the device has been changed or disassembled, moved and reassembled, the procedure shall be followed.
(6) The check for leakage after repair involving an intervention in the cooling circuit shall be carried out on all connections which have been disassembled and reconnected during the repair or which may have been disturbed and on a flexible pipeline. If there is reason to repair the coolant leak, the source of the leakage must be found and removed. Otherwise the refrigerant shall be drained and the device shall not be put into service.
(7) During the inspection of the leakage carried out by the revision technician in the framework of the annual inspection, all detachable connections, seals and flexible pipes shall be checked.
(8) The performance of pressure tests on equipment, pressure vessels and other components of refrigeration or air conditioning equipment shall be governed by specific legislation. (2)
Registration and reporting of controlled substances and their emissions
(K § 32 and 33 of the Act)
Model forms for the registration and reporting of controlled substances are set out in these Annexes
(a) a model of the production report form for controlled substances in accordance with Section 32 (1) of the Act in Annex 5 to this Decree;
(b) a model of the import report form for controlled substances pursuant to Article 32 (2) of the Act in Annex 6 to this Decree;
(c) a model of the export report form for controlled substances pursuant to Section 32 (3) of the Act in Annex 7 to this Decree;
(d) a template of the form on the number of halon installations used and the quantities of halons contained pursuant to Section 32 (4) of the Act in Annex 8 to this Decree;
(e) a model form for the quantity of controlled substances to which a natural person has been treated, in accordance with Section 33 (6) of the Act in Annex 9 thereto,
(f) a model form for the quantity of emissions used in the use of controlled substances as raw materials or technological means pursuant to Section 33 (7) of the Act in Annex 10 to this Decree.
List of new substances
(Paragraph 30 (4) of the Law)
The list of new substances is set out in Annex 11 to this Decree.
Common provision
When issuing authorisations under Section 23 of the Act, the Ministry shall take into account the availability of appropriate compensation.
Transitional provisions
(1) On the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, this Decree is hereby repealed.
(2) The first revision pursuant to Paragraph 12 (1) shall take place no later than 12 months after the date of entry into force of this Decree.
Repeal
They shall be deleted:
1. Decree No. 109 / 2000 Coll., determining the quantities of substances that damage or threaten the ozone layer of the Earth, which are intended to ensure essential needs between 2000 and 2002.
2. Decree No. 110 / 2000 Coll., determining the total annual maximum permissible quantity of substances that damage or threaten the ozone layer of the Earth which may be produced or imported between 2000 and 2002.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
RNDr. Kužvart v. r.
Příloha č. 1
Annex No 1 to Decree No 358 / 2002 Coll.
Total annual maximum permitted quantities of controlled substances to ensure the necessary needs, technological purposes, quarantine and disinfection purposes for the protection of goods against transport and for use in science and laboratories, including substances contained in products that can be imported between 2002 and 2004
Total quantity of controlled substances, including controlled substances contained in products that can be imported or produced for the purpose of ensuring the protection of human health and life for serious pulmonary diseases:
(a) in calendar year 2002
| Název látky | Chemický vzorec | Obchodní označení | Množství látky (kg/kalend. rok) |
|---|---|---|---|
| trichlorfluormethan | CFCl3 | CFC-11 | 4 790 |
| dichlordifluormethan | CF2Cl2 | CFC-12 | 11 190 |
| dichlortetrafluorethan | C2F4Cl2 | CFC-114 | 3 080 |
(b) in calendar year 2003,
| Název látky | Chemický vzorec | Obchodní označení | Množství látky (kg/kalend. rok) |
|---|---|---|---|
| trichlorfluormethan | CFCl3 | CFC-11 | 3 840 |
| dichlordifluormethan | CF2Cl2 | CFC-12 | 8 950 |
| dichlortetrafluorethan | C2F4Cl2 | CFC-114 | 2 470 |
(c) in calendar year 2004
| Název látky | Chemický vzorec | Obchodní označení | Množství látky (kg/kalend. rok) |
|---|---|---|---|
| trichlorfluormethan | CFCl3 | CFC-11 | 2 400 |
| dichlordifluormethan | CF2Cl2 | CFC-12 | 5 600 |
| dichlortetrafluorethan | C2F4Cl2 | CFC-114 | 1 600 |
The total quantity of controlled substances, including those contained in products that may be produced or imported for research and development purposes, including laboratory use, in a single calendar year:
| Název látky | Chemický vzorec | Obchodní označení | Množství látky (kg/kalend. rok) |
|---|---|---|---|
| trichlorfluormethan | CFCl3 | CFC-11 | 100 |
| dichlordifluormethan | CF2Cl2 | CFC-12 | 100 |
| trichlortrifluorethan | C2F3Cl3 | CFC-113 | 8 000*) |
| dichlortetrafluorethan | C2F4Cl2 | CFC-114 | 100 |
| chlorpentafluorethan | C2F5Cl | CFC-115 | 100 |
| tetrachlormethan | CCl4 | - | 490 |
Note:
*) except for scientific and research purposes can be used only for water quality determination
(a) In exceptional and serious cases, in addition to the quantities referred to in Parts I and II, each controlled substance may be imported or manufactured in particular to ensure the defence and safety of the State, to ensure the safety of air traffic, to ensure the safety of nuclear installations, to protect the health and life of humans and to be used in science and laboratories in a maximum total quantity of 15 tonnes, including substances in products, in each calendar year. The import and production of these controlled substances shall be subject to the authorisation of the Ministry, which shall assess the necessity taking into account the international agreements adopted.
(b) The total annual maximum permitted quantity of controlled substances for technological purposes, for quarantine and disinfectant purposes for the protection of goods against transport is not limited, the use is subject to a Ministry's authorisation to assess the necessity, taking into account the international treaties adopted.
Příloha č. 2
Annex No 2 to Decree No 358 / 2002 Coll.
Příloha č. 3
Annex No 3 to Decree No 358 / 2002 Coll.
Příloha č. 4
Annex No 4 to Decree No 358 / 2002 Coll.
Příloha č. 5
Annex No 5 to Decree No 358 / 2002 Coll.
Model of report form on the production of controlled substances pursuant to Section 32 (1) of the Act
Form
(a) in the case of a natural person - name and surname, date of birth and address of the place of permanent residence and, where appropriate, a distinguishing supplement;
(b) in the case of a legal person - a business name, registered office, identification number, if any. Furthermore, the applicant shall indicate the reference number of the trade licence, if issued, or a similar document of the relevant authorisation, and, in the case of a natural person authorised to do business, shall indicate the trade name or business name under which he operates,
(c) the quantity (kg) of total produced substances,
(d) the quantity (kg) of each production made available on the market or used for its own use and the indication of the use of substances in production as raw material, technological means, the use of substances for quarantine and disinfection purposes for the protection of goods from transport or other uses;
(e) the quantity (kg) of each production intended for the necessary use or critical use under the implementing legislation;
(f) the quantity (kg) of all recycled, recovered or disposed of substances;
(g) the quantity (kg) of all stocks of these substances;
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Regulation Information
| Citation | Decree No. 358 / 2002 Coll., laying down the conditions for protection of the ozone layer of the Earth |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.2002 |
|---|---|
| Effective from | 14.08.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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