Act No. 60 / 2023 Coll.
Act amending Act No. 73 / 2012 Coll., on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gas, as amended
Valid
Effective from 23.03.2023
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60
THE LAW
of 15 February 2023
amending Act No 73 / 2012 Coll., on substances that deplete the ozone layer and on fluorinated greenhouse gases, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 73 / 2012 Coll., on Substances that Deplete the Ozone Layer, and on Fluorinated Greenhouse Gas, as amended by Act No. 89 / 2017 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In Article 2, at the end of point (b), the dot is replaced by a comma and the following points (c) to (e) are added:
"(c) service of equipment containing controlled substances, repair or maintenance of refrigeration or air-conditioning equipment, heat pumps or fire protection systems containing controlled substances, including their circuits containing controlled substances, storage of controlled substances intended for the repair or maintenance of those devices, use of controlled substances in the maintenance or repair of those devices, including their refilling, recovery of controlled substances in the repair, maintenance or end-of-life of those devices, and recycling of controlled substances;
(d) the specific storage of halons of equipment intended for the storage of halons and the similarly used controlled substances, in a manner which ensures that recovery, regeneration, continuous monitoring of the release of controlled substances from the vessels and the collection of halons and of the controlled substances used in the same way;
(e) a certified person who has been certified for one of the activities referred to in Article 10 (1) and (2). ';
2. Paragraph 3 (1) reads as follows:
"(1) A person who acquires controlled substances the use of which is contrary to the directly applicable European UnionRegulation (1) shall be obliged to dispose of those substances without undue delay, but not later than 12 months after the date of acquisition. Where the authorisation referred to in Article 10a (2) (c) is required, it shall dispose of controlled substances in the manner laid down in the authorisation, if it does not have an authorisation, it shall, within the period referred to in the first sentence, ensure the transmission of those substances to the person who has the authorisation or who is authorised to dispose of the controlled substances under the legislation in force in another Member State of the European Union and that the transmission of the controlled substances is subject to registration which he shall keep for the purposes of the inspection for 5 years. ';
3. in Article 3 (2) (a) and (b), the words "directly applicable European Union2)" shall be deleted;
4. In Article 4 (2) (c), the words "service activities' are replaced by the words" service of equipment containing controlled substances'.
5. in Paragraph 4 (2) (e), the words "service activity" are replaced by the words "service of equipment containing controlled substances."
6. Paragraph 4 (2) (j) reads as follows:
"(j) the quantity of controlled substance recovered and the indication of its transfer for disposal to a person who has a permit pursuant to Paragraph 10a (2) (c) or is authorised to dispose of controlled substances under the legislation in force in another Member State of the European Union, including an indication of the number of its authorisation, and, where applicable, the name, first name and identification number of the person, in the case of a legal person, the company, legal form and identification number of the person;"
7. In Article 4 (3), the words "keep at the site of operation of the installation 'are replaced by the words" keep and maintain in accordance with the requirements laid down in the implementing legislation'.
8. In Article 4, at the end of paragraph 6, the words "and the requirements for the keeping and storage of records referred to in Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council 'shall be added.
9. The following Section 4a is inserted after Section 4:
Prohibition on the disposal of disposable containers for fluorinated greenhouse gases
The use, sale, free transfer, exchange or storage of disposable containers for fluorinated greenhouse gases used in the maintenance or servicing of refrigeration, air-conditioning or heat pumps, fire protection systems or switching devices or for use as solvents shall be prohibited. ';
10. in Article 5 (1) and Article 16 (3), the words "box 31 of the customs declaration" shall be replaced by the words "the relevant box of the declaration."
11. in Article 7, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) Importers of fluorinated greenhouse gases or products or equipment containing fluorinated greenhouse gases shall indicate in the relevant box of the declaration the quantity of gas in tonnes of CO2 equivalent.
(3) The manufacturer, importer, exporter, seller and transporter of products or equipment containing fluorinated greenhouse gases are required to submit a delivery note and customs documents for inspection at the request of the Ministry, the Czech Environmental Inspection Office, the Czech Trade Inspection Office or the competent customs office. "
12. The heading "Evaluation and certification body 'is inserted above the designation of Section 8.
13.
(1) The evaluation and certification body shall carry out, on the basis of the approval of the Ministry of Activities pursuant to Articles 10 and 11 of Commission Regulation (EC) No 304 / 2008, Articles 4 and 5 of Commission Regulation (EC) No 306 / 2008, Articles 4 and 5 of Commission Implementing Regulation (EU) 2015 / 2066 and Articles 7 and 8 of Commission Implementing Regulation (EU) 2015 / 2067.
(2) The application for authorisation referred to in paragraph 1 shall include, in addition to the general requirements laid down in the administrative rules:
(a) a list of test questions processed in accordance with the minimum requirements for the theoretical and practical examination laid down in the implementing legislation;
(b) a list of instrumentation for carrying out practical tests and property relations with such equipment;
(c) a model certificate,
(d) a description of the activities of the evaluation and certification body;
(e) information for applicants for the conduct of tests and test conditions processed in accordance with the minimum requirements for the theoretical and practical test laid down in the implementing legislation;
(f) information on the conditions for issuing the certificate, including the model of the application for issuing the certificate;
(g) proof of payment of the administrative fee; and
(h) a proposal for a list of the members of the Examination Committee and their professional CVs and evidence of compliance with minimum qualification criteria for the performance of the functions of members of the Examination Committee, which are completed with a certificate of secondary education and higher and completed experience in the field of controlled substances and fluorinated greenhouse gases of at least 3 years.
(3) The Ministry shall issue the authorisation referred to in paragraph 1 if the applicant complies with the requirements laid down directly applicable European Union2), this law and implementing legislation. The permit shall include test materials, a list of instrumentation for practical testing, a list of members of the test committee and a model certificate.
(4) The Ministry may amend the authorisation if it finds that there has been a change which may have a significant impact on the activities of the evaluation and certification body.
(5) The Ministry shall revoke the authorisation if, in the exercise of the authorisation for a serious or repeated infringement of the obligations laid down by this Act or directly applicable European Union2). The appeal against the Ministry's decision to revoke the authorisation shall not have suspensory effect. The person whose authorisation has been revoked by the Ministry may reapply for the authorisation referred to in paragraph 1 at the earliest three years after the date of the decision to revoke the authorisation.
(6) The authorisation expires
(a) death or declaration of death;
(b) the disappearance of a legal person;
(c) the cessation of a trade licence;
(d) the date on which the decision to revoke the authorisation became final; or
(e) the last day of the calendar month following receipt of the notification by the evaluation and certification body of the termination of its activities to the Ministry.
(7) By decree, the Ministry lays down minimum requirements for a theoretical and practical examination. "
14. The following Section 8a is inserted after Section 8:
(1) The evaluation and certification body shall:
(a) comply with the test materials included in the authorisation and with the minimum requirements for the theoretical and practical test laid down in the implementing legislation;
(b) perform the practical part of the instrument equipment test referred to in the authorisation;
(c) keep records of the theoretical and practical part of the examination of tenderers, including the individual and overall results of the evaluation for 5 years;
(d) not require applicants to pass theoretical and practical examinations for compulsory training;
(e) to provide the Ministry with the data referred to in Section 13 within 30 days of the date of issue of the certificate for registration in the information system of certified persons, at the same time within that period to send copies of the certificates issued by the Czech Environmental Inspection Office and to update the data provided to the Ministry within 30 days of the change of the certificate issued,
f) inform the Ministry and the Czech Environmental Inspection Office 1 month before the examination about the place and date of the examination;
(g) offer and, in the event of an interest, organise training at least once every 3 years which fulfils the conditions laid down in Article 10 (3) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council; and
(h) publish, in a way that allows remote access, information on the technologies for the replacement of fluorinated greenhouse gases, the safe management of such substitutes and their management obligations and the facilities equipped with them.
(2) The evaluation and certification body shall test the tenderers through the examination committee. The members of the Examination Board shall be appointed and dismissed by the Ministry on a proposal from the evaluation and certification body. The panel shall have at least three members.
(3) The evaluation and certification body is obliged to notify the Ministry of the amendment without delay, but within 15 days at most.
(a) identification data; or
(b) the information referred to in paragraph 2 (a) to (f) and (h). ";
15. in Article 9 (2), point (a) is deleted;
Points (b) to (g) shall be renumbered as points (a) to (f).
16. in Paragraph 9 (4) (d), the comma is replaced by a dot and point (e) is deleted;
17. in Paragraph 9 (5) (b), "(b) to (f)" is replaced by "(a) to (e)."
18. In Article 9 (7), the words "may be deleted" shall be replaced by the words "shall be deleted" and at the end of the paragraph, the sentence "The appeal against the decision of the Ministry to revoke the authorisation shall not have suspensory effect."
19. The heading "Certification and Authorisation 'is inserted above the designation of Section 10.
20.
(1) Only a certified person may carry out activities under points (a) to (c) of Article 10 (1) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council in the field of fluorinated greenhouse gases.
(2) Only a certified person may carry out in the field of controlled substances:
(a) service of equipment containing controlled substances;
(b) a leak check on refrigeration and air conditioning equipment containing controlled substances; or
(c) a leak check of fire protection systems containing controlled substances.
(3) The certificate is issued by an evaluation and certification body, if it is not a body, the Ministry. The evaluation and certification body or, where applicable, the Ministry, shall issue a certificate if the applicant complies with the requirements laid down directly applicable European Union2). For legal and business natural persons, compliance with the requirements referred to in Article 8 of Commission Implementing Regulation (EU) 304 / 2008 and in Article 6 of Commission Implementing Regulation (EU) 2015 / 2067 shall be demonstrated by supporting the certificate of a natural person who is in a working or similar ratio (5) for a legal or commercial natural person and by an honest declaration of the undertaking of the natural person or legal entity.
(4) The evaluation and certification body or the Ministry may amend the certificate issued by it on the basis of a request from a certified person or without an application, if there is a change which may have a significant impact on the activity of the certified person. The Ministry may, without the request of a certified person, amend the certificate issued by the evaluation and certification body provided that the reason for the change according to the first sentence and the evaluation and certification body has not changed the certificate within a reasonable time.
(5) The Ministry shall revoke the certificate or certificate issued by the evaluation and certification body if the certified person no longer fulfils the conditions for the issue of the certificate or in the event of a serious breach of the obligations laid down by this Act or directly applicable European Union1), 2). The appeal against the Ministry's decision to revoke the certificate shall not have suspensory effect. ';
21. The following Sections 10a and 10b are inserted after Section 10:
(1) Only a person authorised by the Ministry may carry out the disposal of fluorinated greenhouse gases or the regeneration of fluorinated greenhouse gases.
(2) Only a person authorised by the Ministry may carry out, in the field of controlled substances:
(a) the recovery of controlled substances in the recycling of products;
(b) regeneration of controlled substances;
(c) the disposal of controlled substances; or
(d) the operation of a special halon warehouse.
(3) The application for authorisation shall include, in addition to the general requirements laid down in the Administrative Rules:
(a) a decision by the Regional Authority to grant consent to operate a recovery or disposal facility;
(b) evidence of the training of natural persons carrying out the recovery, regeneration or disposal of controlled substances;
(c) a description of the technology used; and
(d) in the case of an application for authorisation to operate as referred to in paragraph 1, the method of disposal of fluorinated greenhouse gases and in the case of an application for authorisation to operate as referred to in paragraph 2 (b). (c) the method of disposal of controlled substances.
(4) The Ministry in the authorisation lays down the conditions for the treatment of controlled substances or fluorinated greenhouse gases or devices containing such substances or gases. The Ministry shall amend the permit if it finds that there has been a change which may have a significant impact on the activity of the person who has been authorised.
(5) The Ministry shall revoke the authorisation in the event of a serious breach of the conditions laid down in the authorisation or the obligations laid down by this Act or of the European Unionprovisions directly applicable), 2). The appeal against the Ministry's decision to revoke the authorisation shall not have suspensory effect. The person whose authorisation has been revoked by the Ministry may reapply for authorisation for the same activity for which the authorisation has been revoked not earlier than 3 years after the date of the decision to revoke the authorisation.
(1) The certificate or authorisation shall cease to exist
(a) death or declaration of death;
(b) the disappearance of a legal person;
(c) the date on which the decision to revoke the certificate or permit becomes final; or
(d) on the date of receipt of the notification of termination to the Ministry.
(2) In carrying out the activities referred to in Articles 10 (1) and (2) and 10a (1) and (2), the certified or licensed person shall comply with the procedures laid down by this law, the implementing legislation and the directly applicable European Union1), (2) and the conditions laid down in the authorisation.
(3) The operator of mobile technology for the recovery of controlled substances and fluorinated greenhouse gases in the recycling of domestic cooling products shall notify the Czech environmental inspection at least 14 days before the introduction of mobile technology for the recovery of controlled substances and fluorinated greenhouse gases in the recycling of domestic cooling products into waste collection facilities. The notification shall include the address of the place of activity, the degree of adjustment, the start date and the expected termination date.
(4) By decree, the Ministry shall determine the extent of the required knowledge for the recovery, regeneration or disposal of controlled substances and the procedures for the activities referred to in Articles 10 (1) and (2) and 10a (1) and (2), with the exception of procedures for checking the tightness of refrigeration or air conditioning equipment or fire protection systems containing fluorinated greenhouse gases, and the content and manner of issuing certificates issued by the evaluation and certification body or ministry. ';
22. in Articles 11 (1) (a) to (c) and 17 (2) (a) to (c), "200" is replaced by "100."
23. in Article 11 (1), the words "or fluorinated greenhouse gases contained in the installation" shall be added at the end of the text of points (a) and (b).
24. in Article 11 (1) (c), the words "or regenerate" shall be inserted after the word "dispose of."
25. in Article 11 (1) (d):
"(d) re-acquire, recycle, regenerate, dispose of or place on the market for the first time on the territory of the Czech Republic, with the exception of imports, controlled substances,"
26. Paragraph 13, including the title, reads:
Information system of certified persons
(1) The information system of certified persons is a public administration information system. His administrator is the Ministry.
(2) The following data shall be kept in the information system of certified persons:
(a) the name or name and, where appropriate, the names and surname or business name of the certified person;
(b) the certificate number and the date of issue;
(c) the address of the registered office or place of business of the certified person; and
(d) the identification number of the person, if assigned.
(3) Where the certificate is issued to a natural person who is not an undertaking, only the data referred to in points (a) and (b) of paragraph 2 shall be kept in the information system of the certified persons.
(4) Data in the information system of certified persons are recorded and updated by the Ministry.
(5) Data from the information system of certified persons referred to in paragraph 2 are published on the Ministry's website.
(6) The Ministry shall, without undue delay, enter in the information system of certified persons and the person certified in another Member State of the European Union, who shall request and transmit to the Ministry a copy of the certificate. "
27. in the second sentence of Article 14 (1), "7" is replaced by "5 (3) or (1)."
28. in Article 15 (1) (b) to (d):
"(b) in contravention of § 4a, use, sell, transfer, exchange or store disposable containers for fluorinated greenhouse gases,
(c) carry out activities pursuant to § 8 (1) or § 9 (1) without authorisation;
(d) carry out the activities referred to in Article 10 (1) or (2) without a certificate; ';
29. in Article 15 (1), the following point (e) is inserted after point (d):
"(e) carry out the activities referred to in Paragraph 10a (1) or (2) without authorisation;"
Points (e) to (g) shall be renumbered as points (f) to (h).
30. in Article 15 (1), the word "or" shall be added at the end of point (f).
31. in Article 15 (1), the word "or" shall be replaced by a dot and paragraph (h) shall be deleted at the end of point (g);
32. in Articles 15 (2) (a) and 16 (1) (a), the words "certified person" shall be replaced by the words "person authorised under Article 10a (2) (c) or authorised to dispose of controlled substances under the legislation in force in another Member State of the European Union";
33.In Article 15 (6) (a), "(a), (e) or (f)" is replaced by "(a), (b) or (e) to (g)."
34. in Article 15 (6) (c), "(b) to (d) or (g)" is replaced by "(c) and (d)";
35. in Article 17 (1) (b) to (d):
"(b) carry out activities pursuant to § 8 (1) or § 9 (1) without authorisation;
(c) carry out the activity referred to in Article 10 (1) or (2) without a certificate or through a person who is not a certified person; or
(d) carry out the activity referred to in Article 10a (1) or (2) without authorisation or through a person not authorised to do so. "
36. in Article 17 (1), point (e) is deleted;
37. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) A legal or operating natural person commits an offence by using, selling, transferring, transferring, exchanging or storing a disposable container for fluorinated greenhouse gases in contravention of Paragraph 4a. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
38. in Article 17 (3), the words "or fluorinated greenhouse gases contained in the installation" shall be added at the end of the text of points (a) and (b).
39. in Article 17 (3) (c), the words "or regenerate" shall be inserted after the words "dispose of."
40. in Article 17 (4), the words "or 2" shall be added at the end of the text of point (a).
41.In Paragraph 17 (4) (b), "2" is replaced by "3."
42. in Article 17a, the following paragraph 4 is inserted after paragraph 3:
"(4) Importers of fluorinated greenhouse gases or products or equipment containing fluorinated greenhouse gases shall commit an offence by not indicating in the relevant box of the declaration the quantity of gas in tonnes of CO2 equivalent, contrary to Article 7 (2). ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
43.In Article 17a (6) (b), "or 4 'is replaced by", 4 or 5';
44. in Article 17b (1), the words "do not keep records at the place of operation of the installation" shall be replaced by the words "do not keep records in accordance with the requirements laid down in the implementing legislation."
45. in Article 17b (2) of the introductory part of the provision, the words "and certification" shall be inserted after the word "Evaluation."
46. in Article 17b (2) (a) to (d) and (f) to (h), "8 (4)" is replaced by "8a (1)."
47. in Article 17b (2), the words "or in accordance with the minimum requirements for a theoretical and practical examination laid down in implementing legislation" shall be added at the end of the text of point (a).
48. in Article 17b (2) (e):
"(e) in contravention of Paragraph 8a (1) (e), does not provide the Ministry or update the specified data within the prescribed time limit,"
49. in Article 17b (2) (i), "8 (5) or" is replaced by "8a (2),"
50. in Paragraph 17b (2) (j), "8 (6) (a) or (b)" is replaced by "8a (3)."
51. In Paragraph 17b, at the end of paragraph 2, the dot is replaced by "or 'and the following point (k) is added:
"(k) does not keep records or keep records for the period referred to in Article 7 (3) of Commission Implementing Regulation (EU) 2015 / 2067.";
52.In Article 17b (3), point (e) is deleted.
Point (f) shall be renumbered as point (e).
53. In Article 17b (4), the words "or the person authorised shall be inserted after the word" person "and the words" Article 10 (6) "shall be replaced by" Article 10b (2). "
54. in Article 17b (5), the text "Article 10 (10)" is replaced by "Article 10b (3)."
55. in Article 17b (6) (a), "to (e)" is replaced by "to (d)";
56. in Article 17b (6) (b), the words "(j), (3) (f)" shall be replaced by the words "(k), (3) (e)";
57. in Paragraph 18a (2) (f), the word "or" at the end of the letter shall be deleted;
58. in Paragraph 18a, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) does not apply for registration in the quota register if the registration in the quota register is mandatory under Article 17 (1) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council;
(i) placing on the market hydrofluorocarbons without being allocated a quota for a given calendar year in accordance with Article 16 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council; or
(j) shall not ensure that quantities of fluorinated greenhouse gases placed on the market in pre-filled installations are included in the quota system referred to in Article 14 (1) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council. ';
59. In Paragraph 18c (4) of the introductory part of the provision, the words "and certification" shall be inserted after the word "Evaluation."
60. The following Section 19a is inserted after Section 19:
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Regulation Information
| Citation | Act No. 60 / 2023 Coll., amending Act No. 73 / 2012 Coll., on Substances that Deplete the Ozone Layer, and on Fluorinated Greenhouse Gas, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.03.2023 |
|---|---|
| Effective from | 23.03.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 75
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