Act No. 86 / 1995 Coll.
Act on the protection of the ozone layer of the Earth
Valid
Effective from 01.07.1995
Text versions:
01.07.1995
29.05.1995
86
THE LAW
of 20 April 1995
on the protection of the ozone layer of the Earth
Parliament has decided on this law of the Czech Republic:
The Act regulates the obligations of legal persons and natural persons authorised to do business who treat substances that harm or threaten the ozone layer of the Earth (hereinafter referred to as "substances') or products of such substances containing them (hereinafter referred to as" the entrepreneur ') and determines the competence of ministries and other administrations in this section.
Terms
For the purposes of this Act:
(a) chemical compounds listed in the Annex to this Act, including their isomers, occurring separately or in a mixture with a concentration exceeding 1% by weight of the mixture;
(b) spray dispensers (aerosol packs) for the formation of aerosols using substances as a driving medium;
(c) treatment of substances by their production, import, 1) export, 2) storage, collection, recycling and disposal; treatment is also the use of the substance in the manufacturing process,
(d) treatment of products produced, imported, 1) export 2) and collection for recycling or disposal of substances;
(e) the recycling process of substances for re-use; recycling shall not be considered as production.
General obligations
(1) Manufacturers, importers and exporters of substances and products are required to clearly indicate the packaging in which the substance is transported or stored and the product is labelled "Dangerous ozone!"; importers shall be required to ensure the marking no later than before the start of the customs procedure.
(2) Manufacturers and importers of products are required to indicate in the accompanying product documentation the name or designation of the substance and its quantity, the hazard warning for the ozone layer of the Earth and the recommended method of disposal.
(3) Sellers of substances and products shall be required to indicate, where it is clear from the accompanying documentation, the products which they have taken over for sale without the indication referred to in paragraph 1, that they contain substances; they do not have this obligation if they prove that the accompanying dossier did not indicate that the product contains substances.
(4) Importers and exporters of substances and products are required to enter in the customs declaration (3) the reference number of the authorisation granted under this Act.
(5) Manufacturers and importers of substances and products are required, when putting them into circulation, to indicate in the delivery note the reference number of the authorisation granted under this Act.
(6) Manufacturers, importers, exporters and sellers of substances and products are required, upon request by the Ministry of the Environment (hereinafter referred to as "Ministry") or by the Czech Environmental Inspection Office (hereinafter referred to as "Inspection"), to submit a delivery note or, where appropriate, a customs document for their inspection.
Prohibitions on production, import and export
(1) The effective date of this Act shall be prohibited:
(a) the production, import and export of the substances listed in the Annex to this Act (hereinafter referred to as the Annex) in Part A;
(b) the production, import and export of products containing the substances listed in Part A and Part B of the Annex.
(2) From 1 January 1996, the production, import and export of the substances listed in Part B of the Annex shall be prohibited.
(3) From 1 January 1997, the production, import and export of dispensers with the substances listed in Part C of the Annex shall be prohibited.
(4) The introduction in Part C of the new production of the substances listed in the Annex, which would entail an increase in the total volume of the substances produced, shall be prohibited from 1 January 1997.
(5) From 1 January 2015, the production, import and export of all substances listed in Part C of the Annex shall be prohibited.
(6) The prohibitions provided for in paragraphs 1 to 4 shall not apply:
(a) imports of substances to be imported for recycling and re-export, and of substances exported for recycling,
(b) for the manufacture or import of substances and products necessary to ensure the protection of the health and life of humans, the defence and safety of the state, the safety of air traffic and nuclear installations, research and development ("basic needs");
(c) for the production, import and export of substances which will be used as feedstock for processing into other chemical compounds which are not on the list of substances that deplete the ozone layer of the Earth.
Authorisation
(1) The entrepreneur may treat substances and products only on authorisation. The authorisation to import and export substances and products under this Act does not replace the authorisation to import and export under the specific regulations.4)
(2) Authorisation is not required where the total quantity of substances treated by the entrepreneur does not exceed 10 kg in the calendar year and of substances contained in the products exceed 1 kg.
(3) The authorisation is granted by the Ministry at the request of the entrepreneur. The application shall be submitted on a form issued by the Ministry. In the case of imports or exports of substances and products, the application shall always indicate the customs transition (5) and the quantity of substances or exported and the products for which the transition is to be used; on exportation, the country of destination.
(4) In the authorisation, the Ministry may lay down the conditions for the treatment of substances, including substances used in the manufacturing process, and for the treatment of products. In the case of imports or exports of substances and products, the Ministry shall always provide for a customs transition in the authorisation (5) and the quantities of each operator of the imported or exported substances and products for which the transfer of the customs transition (3).
(5) The authorisation shall be issued by the Ministry for a maximum of one calendar year, unless it is authorised to collect, recycle, reprocess and dispose of substances or to collect products for recycling or disposal of substances. General rules on administrative procedures shall apply to the authorisation procedure. 6)
(6) The list of holders of authorisations issued for the collection, recycling and disposal of substances and for the collection of products for the recycling and disposal of substances is published by the Ministry in the Ministry's Bulletin on an ongoing basis.
(7) The municipalities may provide for a generally binding decree on the method of collecting substances and products.
(8) The Ministry provides for legislation
(a) the total annual maximum permitted quantity of substances which may be produced or imported, including substances contained in products, until their prohibition pursuant to Article 4;
(b) the quantity of substances which are intended to ensure essential needs.
Fees
(1) Manufacturers and importers of substances and products are required to pay a fee for manufactured, removed or imported substances or substances contained in the imported product of CZK 200 per kg of substances.
(2) The fee is the income of the State Environmental Fund (7) for the purpose of protecting the Earth's ozone layer.
(3) No fee is payable
(a) substances used as feedstock for processing into other chemical compounds;
(b) manufactured or imported substances intended to protect the health and life of humans, as determined in accordance with Article 5 (8) (b) as essential needs;
(c) substances exported to countries which are Contracting Parties to the Vienna Convention for the Protection of the Ozone Sphere and the Montreal Protocol on Ozone Layer Substances;
(d) substances for which no authorisation is required under Article 5 (2).
(4) Manufacturers and importers of substances and products are required to calculate the fee separately and to pay it no later than 30 days after the removal or import of the substance or the import of the product to the State Environmental Fund. Within 30 days of the expiry of the authorisation, they shall submit an inspection of the bill of charge for the calendar year. The outstanding fees shall be enforced by the inspection.
Registration
(1) Entrepreneurs authorised shall:
(a) keep records of the quantities of substances:
1. manufactured, imported or exported, including substances contained in products;
2. used in the production process or used as feedstock for processing into other chemical compounds;
3. taken over for recycling or disposal;
(b) by 28 February of the year following the expiry of the authorisation to forward to the Ministry data on the facts recorded.
(2) The Ministry makes information available to the public
(a) the current status of the Earth's ozone layer over the territory of the Czech Republic,
(b) summary data on the consumption of substances in the Czech Republic and on compliance with the international commitments of the Czech Republic in the field of protection of the ozone layer of the Earth.
(3) Individual data of the records which are identified by the authorised entrepreneurs as confidential, 8) may be disclosed only with their consent. The summary data may be provided by the Ministry in the documents necessary for checking the implementation of international agreements and, for information, without such consent. In the same way, aggregated data on the quantity of the basic needs of the State will be reported.
Control and penalties
(1) Verification of compliance with the obligations under this Act is carried out by inspections. The rights and obligations of the inspection shall be laid down in a separate law. 9)
(2) A fine ranging from CZK 5,000 to CZK 1000 000 will be imposed by inspection to the entrepreneur who
(a) infringes the prohibition on the production, import and export of substances or products (Section 4);
(b) without authorisation, produce, import or export substances or products (Sections 5 (1) and (2));
(c) does not pay a fee (§ 6 (1) to (4));
(d) acts in contravention of, or exceeding, an authorisation granted under this Act (Paragraph 5 (1) and (2)).
(3) A fine ranging from CZK 2500 to CZK 500,000 will be imposed by inspection to the entrepreneur who
(a) store, collect, recycle and dispose of substances without authorisation or use substances in the manufacturing process without authorisation;
(b) infringes the obligations laid down in Article 3;
(c) infringes the obligations laid down in Article 7 (1).
(4) The fine may be imposed within one year of the date on which the inspection detected a breach of the prohibition or obligation and no later than three years after the date on which the infringement of the prohibition or obligation occurred.
(5) In fixing the amount of the fine, account shall be taken of the seriousness of the infringement.
(6) If, within one year of the decision imposing a fine, the trader breaks again the prohibition or obligation for which the fine was imposed, the inspection shall impose a further fine up to three times the fine provided for in paragraphs 2 and 3.
(7) The general rules on administrative procedures shall apply to proceedings imposing fines. 6) The fine is the income of the State Environmental Fund of the Czech Republic .7) The fines are collected and enforced by inspections.
Restrictions and cessation of treatment of substances and products
(1) The inspection may decide to restrict or suspend the treatment of substances or products when a serious breach of obligations under this Act has occurred or is threatening to damage the environment. The appeal against this decision shall not have suspensory effect.
(2) The customs authorities shall not release imported or exported substances and products unless they are accompanied by a customs declaration (m3) by an authorisation issued under this law or by a quantity greater than that indicated in the authorisation. The release of goods under a customs procedure, 10) other than the transit procedure, shall be indicated by the customs authorities in the authorization and returned to the holder of the authorisation or to his agent.
Transitional provisions
(1) Where export contracts for products containing the substances listed in Part B of the Annex have been concluded before the date of application of this Act, their export may take place no later than 31 December 1995.
(2) Consent to the manufacture and import of products containing substances, issued under the Specific Regulation11) by the date of application of this Act for 1995, is deemed to be an authorisation for the manufacture and import of substances and products issued under this Act.
Repeal
_
1. Act No. 211 / 1993 Coll., on the prohibition of the production, import and use of substances that harm or threaten the ozone layer of the Earth and products containing such substances,
2. Paragraph 3 (2) (g) of the Act of the Czech National Council No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, as amended by Act No. 211 / 1993 Coll.
Efficacy
This Law shall take effect on 1 July 1995, with the exception of the provisions of Paragraph 6 (1) which, as regards substances listed in Parts C and D of the Annex, shall take effect on 1 January 1996.
Uhde v. r.
Havel v. r.
Klaus v. r.
Annex to Act No. 86 / 1995 Coll.
LIST OF SUBSTANCES
[Paragraph 2 (a) of the Law]
(Substances of Group II, Annex A. of the Montreal Protocol.)
| Název | Chemická značka | Označení |
|---|---|---|
| chlorbromdifluormethan | CF2BrCl | Halon-1211 |
| bromtrifluormethan | CF3Br | Halon-1301 |
| dibromtetrafluorethan | C2F4Br2 | Halon-2402 |
| Název | Chemická značka | Označení |
|---|---|---|
| a) | ||
| ( | ||
| trichlorfluormethan | CFCl3 | CFC-11 |
| dichlordifluormethan | CF2Cl2 | CFC-12 |
| trichlortrifluorethan | C2F3Cl3 | CFC-113 |
| dichlortetrafluorethan | C2F4Cl2 | CFC-114 |
| chlorpentafluorethan | C2F5Cl | CFC-115 |
| b) | ||
| ( | ||
| chlortrifluormethan | CF3Cl | CFC-13 |
| pentachlorfluorethan | C2FCl5 | CFC-111 |
| tetrachlordifluorethan | C2F2Cl4 | CFC-112 |
| heptachlorfluorpropan | C3FCl7 | CFC-211 |
| hexachlordifluorpropan | C3F2Cl6 | CFC-212 |
| pentachlortrifluorpropan | C3F3Cl5 | CFC-213 |
| tetrachlortetrafluorpropan | C3F4Cl4 | CFC-214 |
| trichlorpentafluorpropan | C3F5Cl3 | CFC-215 |
| dichlorhexafluorpropan | C3F6Cl2 | CFC-216 |
| chlorheptafluorpropan | C3F7Cl | CFC-217 |
| c) | ||
| ( | ||
| tetrachlormethan | CCl4 | |
| d) | ||
| ( | ||
| 1,1,1-trichlorethan | C2H3Cl3 | (methylchloroform) |
| e) | ||
| ( | ||
| dibromfluormethan | CHFBr2 | |
| bromdifluormethan | CHF2Br | HBFC-22B1 |
| bromfluormethan | CH2FBr | |
| tetrabromfluorethan | C2HFBr4 | |
| tribromdifluorethan | C2HF2Br3 | |
| dibromtrifluorethan | C2HF3Br2 | |
| bromtetrafluorethan | C2HF4Br | |
| tribromfluorethan | C2H2FBr3 | |
| dibromdifluorethan | C2H2F2Br2 | |
| bromtrifluorethan | C2H2F3Br | |
| dibromfluorethan | C2H3FBr2 | |
| bromdifluorethan | C2H3F2Br | |
| bromfluorethan | C2H4FBr | |
| hexabromfluorpropan | C3HFBr6 | |
| pentabromdifluorpropan | C3HF2Br5 | |
| tetrabromtrifluorpropan | C3HF3Br4 | |
| tribromtetrafluorpropan | C3HF4Br3 | |
| dibrompentafluorpropan | C3HF5Br2 | |
| bromhexafluorpropan | C3HF6Br | |
| pentabromfluorpropan | C3H2FBr5 | |
| tetrabromdifluorpropan | C3H2F2Br4 | |
| tribromtrifluorpropan | C3H2F3Br3 | |
| dibromtetrafluorpropan | C3H2F4Br2 | |
| brompentafluorpropan | C3H2F5Br | |
| tetrabromfluorpropan | C3H3FBr4 | |
| tribromdifluorpropan | C3H3F2Br3 | |
| dibromtrifluorpropan | C3H3F3Br2 | |
| bromtetrafluorpropan | C3H3F4Br | |
| tribromfluorpropan | C3H4FBr3 | |
| dibromdifluorpropan | C3H4F2Br2 | |
| bromtrifluorpropan | C3H4F3Br | |
| dibromfluorpropan | C3H5FBr2 | |
| bromdifluorpropan | C3H5F2Br | |
| bromfluorpropan | C3H6FBr | |
(Substances of Group I, Annex C. Montreal Protocol.)
| Název | Chemická značka | Označení |
|---|---|---|
| dichlorfluormethan | CHFCl2 | HCFC-21 |
| chlordifluormethan | CHF2Cl | HCFC-22 |
| chlorfluormethan | CH2FCl | HCFC-31 |
| tetrachlorfluorethan | C2HFCl4 | HCFC-121 |
| trichlordifluorethan | C2HF2Cl3 | HCFC-122 |
| dichlortrifluorethan | C2HF3Cl2 | HCFC-123 |
| 2,2-dichlor-1,1,1-trifluorethan | CHCl2CF3 | HCFC-123 |
| chlortetrafluorethan | C2HF4Cl | HCFC-124 |
| 2-chlor-1,1,1,2-tetrafluorethan | CHFClCF3 | HCFC-124 |
| trichlorfluorethan | C2H2FCl3 | HCFC-131 |
| dichlordifluorethan | C2H2F2Cl2 | HCFC-132 |
| chlortrifluorethan | C2H2F3Cl | HCFC-133 |
| dichlorfluorethan | C2H3FCl2 | HCFC-141 |
| 1,1-dichlor-1-fluorethan | CH3CFCl2 | HCFC-141b |
| chlordifluorethan | C2H3F2Cl | HCFC-142 |
| 1-chlor-1,1-difluorethan | CH3CF2Cl | HCFC-142b |
| chlorfluorethan | C2H4FCl | HCFC-151 |
| hexachlorfluorpropan | C3HFCl6 | HCFC-221 |
| pentachlordifluorpropan | C3HF2Cl5 | HCFC-222 |
| tetrachlortrifluorpropan | C3HF3Cl4 | HCFC-223 |
| trichlortetrafluorpropan | C3HF4Cl3 | HCFC-224 |
| dichlorpentafluorpropan | C3HF5Cl2 | HCFC-225 |
| 3,3-dichlor-1,1,1,2,2-pentafluorpropan | CF3CF2CHCl2 | HCFC-225ca |
| 1,3-dichlor-1,1,2,2,3-pentafluorpropan | CF2ClCF2CHClF | HCFC-225cb |
| chlorhexafluorpropan | C3HF6Cl | HCFC-226 |
| pentachlorfluorpropan | C3H2FCl5 | HCFC-231 |
| tetrachlordifluorpropan | C3H2F2Cl4 | HCFC-232 |
| trichlortrifluorpropan | C3H2F3Cl3 | HCFC-233 |
| dichlortetrafluorpropan | C3H2F4Cl2 | HCFC-234 |
| chlorpentafluorpropan | C3H2F5Cl | HCFC-235 |
| tetrachlorfluorpropan | C3H3FCl4 | HCFC-241 |
| trichlordifluorpropan | C3H3F2Cl3 | HCFC-242 |
| dichlortrifluorpropan | C3H3F3Cl2 | HCFC-243 |
| chlortetrafluorpropan | C3H3F4Cl | HCFC-244 |
| trichlorfluorpropan | C3H4FCl3 | HCFC-251 |
| dichlordifluorpropan | C3H4F2Cl2 | HCFC-252 |
| chlortrifluorpropan | C3H4F3Cl | HCFC-253 |
| dichlorfluorpropan | C3H5FCl2 | HCFC-261 |
| chlordifluorpropan | C3H5F2Cl | HCFC-262 |
| chlorfluorpropan | C3H6FCl | HCFC-271 |
(Substances of Group I, Annex E. Montreal Protocol.)
| Název | Chemická značka | Označení |
|---|---|---|
| methylbromid | CH3Br |
1) § 128 et seq. of Act No. 13 / 1993 Coll., Customs Act, as amended.
2) § 214 et seq.
3) § 105 to 114 of ČNR Act No. 13 / 1993 Coll.
4) For example, Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 547 / 1990 Coll., on the Treatment and Control of Certain Goods and Technologies, Federal Foreign Trade Ministry Decree No. 560 / 1991 Coll., on the Conditions for the Issue of Official Authorisation for Import and Export of Goods and Services, as amended.
5) § 80 of ČNR Act No. 13 / 1993 Coll.
6) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
7) Act ČNR No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended by Act ČNR No. 334 / 1992 Coll.
8) Sections 17 to 20 of the Commercial Code.
9) Sections 2 (d) and 8 to 20 of Act No. 552 / 1991 Coll., on State Control, as amended by Act No. 166 / 1993 Coll.
10) § 148 to 216 of ČNR Act No. 13 / 1993 Coll.
11) Paragraph 11 (1) (h) of Act No. 309 / 1991 Coll., on the Protection of Air from Pollutants (Air Act), as amended (Complete version No. 211 / 1994 Coll.). § 2 (h) of the ČNR Act No. 389 / 1991 Coll., on the State Administration of Air Protection and Charges for Pollution, as amended (full version No. 212 / 1994 Coll.).
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Regulation Information
| Citation | Act No. 86 / 1995 Coll., on the protection of the ozone layer of the Earth |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1995 |
|---|---|
| Effective from | 01.07.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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