Act No. 73 / 2012 Coll.
Law on substances that deplete the ozone layer and on fluorinated greenhouse gases
Valid
Effective from 01.09.2012
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73
THE LAW
of 7 February 2012
on substances that deplete the ozone layer and on fluorinated greenhouse gases
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act builds upon the directly applicable European Union1 provisions, (2), and regulates the rights and obligations of persons and the powers of administrative authorities in the protection of the ozone layer of the Earth and the earth's climate system against the adverse effects of controlled substances pursuant to Article 3 (4) of Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council on substances that deplete the ozone layer, as amended ("the controlled substance"), and fluorinated greenhouse gases pursuant to Article 2 (1) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842 / 2006 ("fluorinated greenhouse gas").
(2) That law was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules and of rules on information society services, as amended by Directive 98 / 48 / EC.
Basic concepts
For the purposes of this Act:
(a) the operator is the person who actually ensures the technical operation of the equipment containing fluorinated greenhouse gases or controlled substances; where it is not known or does not exist, the owner of such an installation shall be considered to be the operator;
(b) recycling of products for the processing of discarded products in order to recover controlled substances or fluorinated greenhouse gases and material recovery;
(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 equipment, use of controlled substances in the maintenance or repair of those equipment, including their refilling, recovery of controlled substances at repair, maintenance or end-of-life of those equipment, 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).
Disposal and recovery of controlled substances
(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 Paragraph 10a (2) (c) is to be used, 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 controlled substances under the legislation in force in another Member State of the European Union, and that the transmission of controlled substances is to carry out a registration which he keeps for inspection purposes for 5 years.
(2) The recovery of controlled substances when the device is removed at the end of its life can only be performed by a person,
(a) which is a certified person for the recovery of fluorinated greenhouse gases; or
(b) for which this activity is carried out by a certified person for the recovery of fluorinated greenhouse gases.
Conditions for the operation and sale of equipment containing controlled substances or fluorinated greenhouse gases
(1) Equipment containing at least 300 kg of controlled substances may only be operated if an leakage detection system is installed. The person operating this facility shall check the leakage detection system at least every 12 months.
(2) A person operating an installation containing at least 3 kg of controlled substances shall keep a register of the establishment, keep it for inspection at the site of operation for 5 years and submit it for inspection at the request of the control authority. The register of establishments shall record:
(a) the particulars referred to in Article 23 (3) of Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council;
(b) the quantity of filling and the type of controlled substance;
(c) the date of service of the equipment containing controlled substances;
(d) maintenance and revision operations associated with the equipment, including control of the leakage of the controlled substance;
(e) the certificate number of the person serving the equipment containing the controlled substances, its name and, where appropriate, its name, surname and address;
(f) a brief description of the activity carried out, including a brief description of the defect;
(g) the result of the revision carried out;
(h) the quantity of controlled substance leaked by calculation;
(i) the quantity and type of the added oil;
(j) the quantity of controlled substance recovered and the indication of its transfer for disposal to a person who is authorised under Paragraph 10a (2) (c) or who is authorised to dispose of controlled substances under the legislation in force in another Member State of the European Union, including the indication of the number of its authorisation, and, where applicable, the name, surname and identification number of the person, in the case of a legal person, the business name, legal form and identification number of the person;
(k) the designation and quantity of fluorinated greenhouse gas or other substance to which the device passes.
(3) An operator of an installation which maintains and maintains records pursuant to Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council is required to maintain and maintain them in accordance with the requirements laid down in the implementing legislation.
(4) The person keeping copies of the records referred to in Article 6 (2) (b) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council is required to keep those copies in paper or electronic form.
(5) The installation of non-hermetically sealed equipment filled with fluorinated greenhouse gases can only be carried out by a certified person. A person who sells to the end-user a non-hermetically sealed device filled with fluorinated greenhouse gases may only sell such device if supported by a written contract, indicating that its installation will be carried out by a certified person. The seller of a non-hermetically sealed device filled with fluorinated greenhouse gases shall be obliged to keep this contract for 5 years.
(6) The Ministry of the Environment (hereinafter referred to as "the Ministry") by decree sets out the model of the equipment register and the requirements for the keeping and storage of records pursuant to Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
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 is prohibited.
Labelling of products or equipment containing controlled substances
(1) Importers and exporters of products or equipment containing controlled substances are required to indicate in the relevant declaration box the name and designation of the controlled substance and the Combined Nomenclature code.
(2) The manufacturer, importer, exporter, seller and transporter of products or equipment containing controlled substances 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.
(3) Products and equipment containing controlled substances for which a directly applicable European Union3 Regulation requires their labelling may only be placed on the market in the territory of the Czech Republic if their labelling is in the Czech language or Slovak language.
Fee for controlled substances
(1) The fee for controlled substances is payable by the manufacturer and importer of controlled substances and products containing them.
(2) The subject of a fee for controlled substances shall be controlled substances and products containing them.
(3) The fee for controlled substances shall be exempt from controlled substances used as feedstock for processing into other chemical compounds.
(4) The fee for controlled substances is based on the quantity of controlled substance in kilograms. The fee for controlled substances is CZK 400 per kilogram of controlled substance.
(5) The fee for controlled substances shall be calculated as the product of the base and rate.
(6) The fee requirement for the fee for controlled substances arises
(a) placing on the market the controlled substance or product containing it;
(b) imports of the controlled substance or product containing it; or
(c) the use of the controlled substance for own use.
(7) The fee for controlled substances shall be payable on 30 April of the year following the calendar year in which the fee obligation arose.
(8) The administrator of the fee for controlled substances is the Czech environmental inspection. The charge shall be paid by the customs office.
(9) The fee for controlled substances is the income of the State Environmental Fund of the Czech Republic.
Labelling of products and equipment containing fluorinated greenhouse gases
(1) Products or equipment containing fluorinated greenhouse gases for which the directly applicable European Union2 regulations) require their designation may only be placed on the market in the territory of the Czech Republic if their designation is in the Czech language or Slovak language.
(2) Importers of fluorinated greenhouse gases or products or equipment containing fluorinated greenhouse gases are required to indicate in the relevant box 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.
Evaluation and certification body
(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 sets out minimum requirements for a theoretical and practical examination.
(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).
Attestation body
(1) The activity of an attestation body referred to in Article 3 of Commission Regulation (EC) No 307 / 2008 may be carried out only on the authorisation of the Ministry.
(2) The application for authorisation referred to in paragraph 1 must contain, in addition to the general requirements:
(a) a detailed description of the curriculum;
(b) a set of supporting documents for tenderers;
(c) the content of the final test;
(d) the name of the certificate and its model,
(e) a description of the equipment and equipment on which the activities in question will be demonstrated and the property relationship to the equipment and equipment;
(f) proof of payment of the administrative fee.
(3) The Ministry shall issue an authorisation if the applicant complies with the requirements laid down directly applicable European Union2).
(4) The testing body shall:
(a) comply with the teaching material included in the permit;
(b) keep records of training and participants in training for 5 years;
(c) issue training certificates only to natural persons who have received training involving the minimum skills and knowledge set out in the Annex to Commission Regulation (EC) No 307 / 2008, completed by an examination to verify the knowledge acquired;
d) inform the Ministry and the Czech Environmental Inspection Office 1 month before the examination about the place and date of the examination.
(5) The testing body shall notify the Ministry of Change without delay, but within 15 days at most.
(a) identification data; or
(b) the particulars referred to in paragraph 2 (a) to (e).
(6) The Ministry may amend the authorisation issued by it if it finds that there has been a change which may have a significant impact on the activity of the test subject or if the conditions applicable to the issue of the authorisation have been changed.
(7) The Ministry shall revoke the authorisation issued by it if, in the exercise of the authorisation, it finds a serious or repeated infringement of the obligations laid down by this law or by the directly applicable provisions of the European Union2). The appeal against the Ministry's decision to revoke the authorisation shall not have suspensory effect.
(8) 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) on the date of receipt of the notification by the attest body of termination of its activities to the Ministry.
Certification and authorisation
(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.
(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) The Ministry shall determine by decree 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 leakage of cooling 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.
Reporting
(1) Person in calendar year
(a) obtain from a person from another Member State of the European Union more than 100 tonnes of CO2 equivalent of fluorinated greenhouse gases or fluorinated greenhouse gases contained in an installation;
(b) forward to a person in another Member State of the European Union more than 100 tonnes of CO2 equivalent of fluorinated greenhouse gases or fluorinated greenhouse gases contained in an installation;
(c) dispose of or regenerate more than 100 tonnes of fluorinated greenhouse gas CO2 equivalent; or
(d) reacquire, recycle, regenerate, dispose of or place on the market for the first time on the territory of the Czech Republic, except for imports, controlled substances;
submit a report by 31 March of the following calendar year at the latest to the Ministry indicating the names and quantities of fluorinated greenhouse gases obtained, transmitted or disposed of, and the Member State from which those substances were obtained or transferred, and the origin of the substances that were disposed of, or the names and quantities of controlled substances placed on the market, recovered, recycled, recovered or disposed of, and the origin of those substances that were disposed of.
(2) The person who stores halons or his own fire protection system or halon fire extinguisher shall, by 31 March of the previous calendar year, report to the Ministry containing its type and description of the installation, the number and quantities of halons contained therein, the amount of halons used, the quantity of halons stored, the measures to reduce their emissions and the estimate of those emissions.
(3) The reports referred to in paragraphs 1 and 2 shall be submitted by a person through an integrated environmental reporting system (4).
(4) The Ministry shall, by decree, establish the draft reports referred to in paragraphs 1 and 2.
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 a copy of the certificate to the Ministry.
Measures to remedy
(1) When a breach of the obligation laid down by this law or directly applicable European Union1) is detected, the Czech Environmental Inspection Office may impose a remedy on the person in breach of this obligation. The Czech Trade Inspection Office may impose on the person in breach of the obligation to remedy the obligation to designate products or equipment placed on the market or the obligation laid down in Article 5 (3) or Article 7 (1).
(2) The Czech environmental inspection may impose an obligation on a person in breach of his obligation to take measures on his cargo to ensure safe disposal, where appropriate recycling or regeneration of controlled substances, fluorinated greenhouse gases or the product containing them.
(3) The decision on costs is part of the decision imposing corrective measures. The appeal against this decision shall not have suspensory effect.
Transfers of natural persons
(1) A natural person commits an offence by:
(a) in contravention of Paragraph 4 (5), install a non-hermetically sealed device filled with fluorinated greenhouse gases without a certificate;
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Regulation Information
| Citation | Act No. 73 / 2012 Coll., on substances that deplete the ozone layer and on fluorinated greenhouse gases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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