Act No. 89 / 2017 Coll.
Act amending Act No. 73 / 2012 Coll., on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gas
Valid
Effective from 01.04.2017
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89
THE LAW
of 21 February 2017
amending Act No. 73 / 2012 Coll., on substances that deplete the ozone layer and on fluorinated greenhouse gases
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 gases, is amended as follows:
1. Paragraph 1 (1), including footnote 2, reads as follows:
"(1) This Act builds upon the directly applicable provisions of the European Union1), (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 (the fluorinated greenhouse gas).
(2) 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. Commission Implementing Regulation (EU) 2015 / 2068 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases. Commission Implementing Regulation (EU) 2015 / 2067 of 17 November 2015 introducing, pursuant to Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, minimum requirements for the certification of natural persons with regard to stationary refrigeration and air conditioning equipment and heat pumps and refrigeration units for refrigerated goods vehicles and trailers containing fluorinated greenhouse gases and for the certification of companies with regard to stationary refrigeration and air conditioning equipment and heat pumps containing fluorinated greenhouse gases, and the conditions for mutual recognition of such certification. Commission Implementing Regulation (EU) 2015 / 2066 of 17 November 2015 introducing, pursuant to Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, minimum requirements for the certification of natural persons performing installation, service, maintenance, repair or decommissioning of electrical switching devices containing fluorinated greenhouse gases or the recovery of fluorinated greenhouse gases from stationary electrical switching devices and the conditions for mutual recognition of such certification. Commission Implementing Regulation (EU) 2015 / 2065 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, the format for notification of Member States' training and certification programmes. Commission Regulation (EU) No 1191 / 2014 of 30 October 2014 laying down the format and methods of reporting referred to in Article 19 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council on fluorinated greenhouse gases. Commission Regulation (EC) No 307 / 2008 of 2 April 2008 laying down, pursuant to Regulation (EC) No 842 / 2006 of the European Parliament and of the Council, minimum requirements for training programmes and the conditions for mutual recognition of personnel training certificates as regards air-conditioning systems for certain motor vehicles containing certain fluorinated greenhouse gases. Commission Regulation (EC) No 306 / 2008 of 2 April 2008 laying down, pursuant to Regulation (EC) No 842 / 2006 of the European Parliament and of the Council, minimum requirements for the certification of personnel performing the recovery of solvents based on certain fluorinated greenhouse gases from installations and the conditions for mutual recognition of such certification. Commission Regulation (EC) No 304 / 2008 of 2 April 2008 laying down, pursuant to Regulation (EC) No 842 / 2006 of the European Parliament and of the Council, minimum requirements for the certification of companies and workers and the conditions for mutual recognition of certification as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases. Commission Regulation (EC) No 1516 / 2007 of 19 December 2007 establishing, in accordance with Regulation (EC) No 842 / 2006 of the European Parliament and of the Council, standard leakage control requirements for stationary refrigeration, air conditioning and heat pumps containing certain fluorinated greenhouse gases. Commission Regulation (EC) No 1497 / 2007 of 18 December 2007 laying down standard leakage control requirements for stationary fire protection systems containing certain fluorinated greenhouse gases in accordance with Regulation (EC) No 842 / 2006 of the European Parliament and of the Council. ';
2. the words "or controlled substances" shall be inserted after the words "greenhouse gases."
3. In the first sentence of Paragraph 3 (1), "3 'is replaced by" 9' and in the second sentence, "g 'is replaced by" f'.
4. The heading of Section 4 reads: "Conditions for the operation and sale of equipment containing controlled substances or fluorinated greenhouse gases."
5. in Article 4 (2) (j) and (k):
"(j) the quantity of controlled substance recovered and the indication of its transfer for disposal to a certified person, including the number of its certificate and, where applicable, the name and, where applicable, the name, surname and identification number of the person, the company, legal form and person identification number of the legal person;
(k) the designation and quantity of fluorinated greenhouse gas or any other substance to which the device passes. ';
6. In Article 4, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) An operator of an installation that maintains and maintains records pursuant to Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council shall keep them at the site of operation of the installation.
(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 facility filled with fluorinated greenhouse gases shall be obliged to keep this contract for 5 years. ';
Paragraph 3 shall become paragraph 6.
7. In Article 8 (1), "Article 11 of Commission Regulation (EC) No 303 / 2008 'is replaced by" Article 8 of Commission Implementing Regulation (EU) 2015 / 2067' and "Article 6 of Commission Regulation (EC) No 305 / 2008 'is replaced by" Article 5 of Commission Implementing Regulation (EU) 2015 / 2066'.
8. In Paragraph 8, at the end of paragraph 2, the dot is replaced by "a 'and the following point (h) is added:
"(h) the draft list of members of the Examination Committee and their professional biographies.";
9. in Article 8 (4) (e), the words "in the previous calendar month" shall be inserted after the word "which."
10. In Article 8, at the end of paragraph 4, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) offer and, in case of 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;
(h) publish, in a way that allows remote access, information on technologies for the replacement of fluorinated greenhouse gases, the safe management of such substitutes and their management obligations and the facilities equipped with them. ";
11. in Article 8 (6), the words "and (h)" shall be added at the end of the text of point (b).
12. in Article 8 (8), the words "directly applicable to the European Union Regulation on certain fluorinated greenhouse gases and its implementing provisions" shall be replaced by the words "directly applicable to the European Union2";
13. In Paragraph 9, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) send electronically once a month to the Ministry a list of persons certified in the previous calendar month; the list shall include the name, names and surname of the holder of the certificate, telephone or e-mail address, address, date of issue of the certificate and registration number of the certificate. ';
14. in Article 9 (7), the words "directly applicable European Union regulation on certain fluorinated greenhouse gases and its implementing provisions" shall be replaced by the words "directly applicable European Union provisions";
15. in Article 10 (2), point (d) is deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
16. in Paragraph 10 (3), "(a) to (d)" is replaced by "(a) to (c)";
17. in Article 10 (4) of the introductory part of the provision, the text "(e) to (h)" is replaced by the text "(d) to (g)"; in point (b), the text "(e) to (g)" is replaced by the text "(d) to (f)" and in point (d) the text "(g)" is replaced by the text "(f)."
18. In Article 10 (6), the words "provided for by this law and directly applicable European Union1), 2) 'shall be inserted after the words" procedures'.
19. in Article 11 (1) (a) to (c), "100 kg" is replaced by "200 tonnes of CO2 equivalent."
20. Paragraph 12 shall be deleted, including the title and footnote 5.
21.
Information system for certified persons and persons certified for training
(1) The information system of certified persons and persons certified for training is a public administration information system. Its administrator and operator is the Ministry.
(2) The following information shall be kept in the information system of certified persons and persons certified for training:
(a) the name or name, or names, as the case may be, and the surname of the certified person or person who has been issued the training certificate;
(b) the number of the certificate or training certificate and its date of issue;
(c) the address or registered office of the certified person;
(d) the address or registered office of the person who issued the training certificate;
(e) the telephone number or e-mail address of the certified person or person who issued the training certificate.
(3) Data from the information system of certified persons and persons certified for training referred to in points (a) to (c) of paragraph 2 are published on the Ministry's website.
(4) The Ministry shall, without undue delay, include in the list a person certified in another Member State of the European Union who shall so request and transmit a copy of the certificate to the Ministry. "
22. in Paragraph 14 (1):
"(1) When a breach of the obligation laid down by this law or directly applicable European Union1 is detected, 2) the Czech Environmental Inspection Office may impose a remedy on the person in breach of this obligation. In order to establish a breach of the obligation laid down by the directly applicable European Union1), 2) for the labelling of products or equipment placed on the market, or the obligation laid down in § 7, the Czech Trade Inspection Office may impose a remedy on the person in breach of that obligation. '
23. Paragraph 15, including the title, reads:
Transfers
(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;
(b) carry out the activity referred to in Article 8 (1) without authorisation;
(c) carry out the activity referred to in Paragraph 9 (1) without authorisation;
(d) carry out the activity referred to in Article 10 (1) or (2) without a certificate;
(e) in breach of Article 6 of Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council, it shall place on the market a product or equipment containing or relying on controlled substances,
(f) in contravention of Article 3 (1) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council intentionally releases fluorinated greenhouse gases into the atmosphere; or
(g) in breach of Article 4 (2) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, carry out a leak check, recovery, installation, maintenance or service without a certificate.
(2) A natural person holding controlled substances whose use is contrary to Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council shall commit an offence by violating Article 3 (1) of the Treaty on European Union.
(a) does not dispose of or ensure the transfer to a certified person for disposal of a controlled substance; or
(b) it shall not record the transmission of controlled substances or retain such registration for a specified period.
(3) A natural person who stores halons or his own fire protection system or a halon fire extinguisher shall commit an offence by failing to submit, contrary to Article 11 (2), a report containing its type and description of the installation, the number and quantities of halons contained therein, the amount of halons used, the amount of halons stored, the measures to reduce their emissions and the estimation of those emissions.
(4) A natural person using a container for the transport or storage of fluorinated greenhouse gases shall commit an offence by failing to ensure, contrary to Article 8 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, the recovery of the residues of fluorinated greenhouse gases contained therein after the expiry of its lifetime.
(5) A natural person performing the maintenance or repair of existing refrigeration or air-conditioning equipment or heat pumps shall commit an offence by not marking such equipment in accordance with Article 11 of Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council.
(6) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if it is an offence referred to in paragraph 1 (a), (e) or (f);
(b) 500 000 CZK if it is an offence pursuant to paragraph 2 or 4;
(c) CZK 250,000 if the offence referred to in paragraph 1 (b) to (d) or (g) is committed;
(d) 100 000 CZK if it is an offence pursuant to paragraph 3 or 5. "
24.
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) in contravention of Paragraph 4 (5), install a non-hermetically sealed device filled with fluorinated greenhouse gases without a certificate;
(b) carry out the activity referred to in Article 8 (1) without authorisation;
(c) carry out the activity referred to in Paragraph 9 (1) without authorisation;
(d) carry out the activity referred to in Article 10 (1) or (2) without a certificate; or
(e) unduly entrust the activities referred to in Article 10 (1) or (2) to a legal or natural person who is not the holder of the certificate on his establishment.
(2) A natural person, whether legal or legal, commits an administrative offence by not submitting a report to the Ministry pursuant to Paragraph 11 (1) if:
(a) obtain from a person from another Member State of the European Union more than 200 tonnes of CO2 equivalent of fluorinated greenhouse gases;
(b) forward more than 200 tonnes of fluorinated greenhouse gas CO2 equivalent to a person to another Member State of the European Union;
(c) dispose of more than 200 tonnes of fluorinated greenhouse gas CO2 equivalent; or
(d) it shall for the first time place on the market in the territory of the Czech Republic, re-acquire, recycle, regenerate or dispose of controlled substances.
(3) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if it is an administrative offence referred to in paragraph 1;
(b) 500 000 CZK if it is an administrative offence pursuant to paragraph 2. "
25. the following Sections 17a and 17b are inserted after Section 17:
(1) A legal or commercial natural person who keeps copies of the alerts referred to in Article 6 (2) (b) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council shall commit an administrative offence by failing to keep such copies in paper or electronic form in breach of Article 4 (4).
(2) A legal or operating natural person who sells non-hermetically sealed equipment filled with fluorinated greenhouse gases to the end user shall commit an administrative offence in breach of Article 4 (5).
(a) sell the equipment without having proof in writing that its installation will be carried out by a certified person; or
(b) shall not maintain a contract for 5 years to install a non-hermetically sealed installation.
(3) A legal or commercial natural person who places on the market in the territory of the Czech Republic products or equipment containing fluorinated greenhouse gases for which directly applicable European Union2 regulations require their designation shall commit an administrative offence by failing to ensure, contrary to § 7, the designation of such products or equipment in the Czech or Slovak language.
(4) A legal or operating natural person who stores halons or his own fire protection system or a halon fire extinguisher shall commit an administrative offence by failing to submit, in breach of paragraph 11 (2), a report containing its type and description of the installation, the number and quantities of halons contained therein, the amount of halons used, the amount of halons stored, the measures to reduce their emissions and the estimation of those emissions.
(5) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK if it is an administrative offence pursuant to paragraph 2 or 3;
(b) 500 000 CZK if it is an administrative offence under paragraph 1 or 4.
(1) An operator of an installation that maintains and maintains records pursuant to Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council shall commit an administrative offence by not keeping records at the site of operation of the installation contrary to Article 4 (3).
(2) The evaluation body commits an administrative offence by:
(a) it does not comply with the test materials included in the authorisation referred to in Article 8 (4) (a);
(b) not perform the practical part of the instrument equipment test referred to in the permit referred to in Article 8 (4) (b);
(c) shall not keep records of the theoretical and practical part of the examination of tenderers, including the individual and overall results of the evaluation, for a period of 5 years in accordance with Article 8 (4) (c);
(d) in contravention of § 8 (4) (d), requires applicants for a theoretical and practical examination of compulsory training;
(e) send the Ministry, once a month, electronically a list of persons who successfully passed the theoretical and practical examination in the previous calendar month, pursuant to Section 8 (4) (e);
f) does not inform the Ministry and the Czech Environmental Inspection Office 1 month before the examination of the place and date of the examination pursuant to § 8 (4) (f);
(g) shall not 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, as provided for in Article 8 (4) (g);
(h) in contravention of Article 8 (4) (h), it shall not disclose, 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 the obligations for their handling and the facilities equipped with them;
(i) does not perform the examination of tenderers through the examination committee referred to in Article 8 (5); or
(j) not notify the Ministry of the change in the data referred to in Article 8 (6) (a) or (b).
(3) The attestation body shall commit an administrative offence by:
(a) it does not comply with the teaching material included in the permit referred to in Article 9 (4) (a);
(b) keep no records of training and participants for a period of 5 years in accordance with Article 9 (4) (b);
(c) unduly issue a training certificate to a person who has not received training including the requirements laid down in Commission Regulation (EC) No 307 / 2008, completed by an examination for the verification of the knowledge acquired, in accordance with Article 9 (4) (c);
(d) inform the Ministry or the Czech Environmental Inspection Office 1 month before the examination of the site or date of the examination referred to in Article 9 (4) (d);
(e) send the Ministry electronically once a month a list of persons certified in the previous calendar month in accordance with Section 9 (4) (e); or
(f) not notify the Ministry of the change of identification or other information pursuant to Article 9 (5).
(4) The certified person commits an administrative offence by failing to comply with the mandatory procedures laid down in Article 10 (6).
(5) The mobile technology operator of the recovery of controlled substances and fluorinated greenhouse gases in the recycling of domestic cooling products shall commit an administrative offence by not notifying the Czech Environmental Inspection Centre at least 14 days before the start of the operation of the mobile technology introduction pursuant to Section 10 (10).
(6) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK, if it is an administrative offence under paragraph 2 (a) to (f) or 3 (a) to (e),
(b) 500 000 CZK, if it is an administrative offence under paragraph 1, paragraphs 2 (g) to (j), 3 (f), 4 or 5. "
Article 26 (18) reads:
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) in breach of Article 4 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, carry out a leak check, recovery, installation, maintenance or service without a certificate;
(b) in breach of Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, it shall not keep copies of the records of installations containing at least 5 tonnes of fluorinated greenhouse gas CO2 equivalent on which it has carried out leakage checks, recovery, installation, maintenance or servicing;
(c) in breach of Article 8 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council
1. when carrying out the disposal of road vehicles at the end of their lifetime of recovery of fluorinated greenhouse gases by a person who has training certificates;
2. in the case of the repair or disposal by air conditioning of motor vehicles containing fluorinated greenhouse gases, the recovery or subsequent recycling, regeneration or disposal of fluorinated greenhouse gases;
3. the implementation of the recovery of fluorinated greenhouse gases only by persons who have training certificates under Commission Regulation (EC) No 307 / 2008; or
(d) in breach of Article 13 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, shall apply:
1. for the pressure casting of magnesium, sulphur fluoride in a quantity of 850 kg per year and above;
2. when filling the tyres with sulphur fluoride or a mixture containing it,
3. fluorinated greenhouse gases with a global warming potential of 2,500 or more when servicing or maintaining refrigerating equipment with a capacity of 40 tonnes or more of CO2 equivalent.
(2) A legal or operating natural person commits an administrative offence by placing on the market products or equipment containing fluorinated greenhouse gases in breach of Article 11 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(3) A legal or operating natural person commits an administrative offence by purchasing fluorinated greenhouse gases for the purposes of installation, service, maintenance or repair of equipment without having the relevant certificate or certificate, contrary to Article 11 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(4) A fine shall be imposed for the administrative offence:
(a) 1 500 000 CZK, if it is an administrative offence referred to in paragraph 1 (c) or (d) or paragraph 2;
(b) 1 000 000 CZK if it is an administrative offence referred to in paragraph 1 (a) or (b) or paragraph 3. "
27. The following Sections 18a to 18c are inserted after Section 18:
(1) A legal or operating natural person who places fluorinated greenhouse gases on the market shall commit an administrative offence by not proving, in breach of Article 7 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, that it has disposed or recovered for further use of trifluoromethane produced as a by-product in production, including the production of feedstock, in accordance with the best techniques.
(2) A natural person, legal or operating, who places on the market fluorinated greenhouse gases, equipment or products pursuant to Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, commits an administrative offence by committing, contrary to this Regulation:
(a) they shall not label the products or equipment;
(b) does not indicate all the information required on the label;
(c) does not indicate the required information in the instructions for use or in the descriptions used for advertising;
(d) fails to draw up a declaration of conformity evidencing the inclusion of the fluorinated gases in the quota system;
(e) shall not ensure the accuracy of the documentation or the declaration of conformity by an independent auditor accredited in accordance with Article 14 (2) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council;
(f) not keep documentation or declaration of conformity for at least 5 years after the placing on the market of the equipment or product; or
(g) exceeds the quota for the quantities of fluorinated greenhouse gases placed on the market allocated to it pursuant to Article 16 (5) of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council or transferred to it pursuant to Article 18 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(3) A legal or operating natural person who places on the market refrigeration and air-conditioning products or equipment or heat pumps which are isolated by foam with fluorinated greenhouse gases shall commit an administrative offence by not marking, prior to placing on the market, the following devices with the following text:
(4) A legal or operating natural person who places on the market at least 10 000 tonnes of fluorinated greenhouse gas CO2 equivalent per year shall commit an administrative offence in breach of Article 19 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(a) does not ensure verification of the accuracy of the data by an independent auditor;
(b) does not maintain a verification report for at least 5 years; or
(c) does not transmit a verification report to the Ministry, the Czech Environmental Inspection Office or the Commission on request.
(5) For the administrative offence referred to in paragraphs 1 to 4, a fine of up to CZK 1 000 000 shall be imposed.
(1) A legal or business natural person selling fluorinated greenhouse gases for the purposes of the installation, service, maintenance or repair of equipment shall commit an administrative offence in breach of Article 6 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council
(a) does not keep complete records of persons purchasing fluorinated greenhouse gases;
(b) does not keep such records for 5 years; or
(c) sell fluorinated greenhouse gases to a person without an appropriate certificate or certificate.
(2) A legal or operating natural person using a container for the transport or storage of fluorinated greenhouse gases shall commit an administrative offence by failing to ensure, in breach of Article 8 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council, the recovery of the residues of fluorinated greenhouse gases contained therein after the expiry of its lifetime.
(3) Legal or business natural person who:
(a) produce, import or export fluorinated greenhouse gases of at least 100 tonnes CO2 equivalent or one metric tonne per year;
(b) dispose of fluorinated greenhouse gases of at least 1 000 tonnes CO2 equivalent or of one metric tonne per year;
(c) uses as feedstock fluorinated greenhouse gases in quantities of at least 1 000 tonnes of CO2 equivalent or one metric tonne per year; or
(d) placing on the market fluorinated greenhouse gases of at least 500 tonnes of CO2 equivalent per year in installations or products;
commit an administrative offence by not notifying the data referred to in Article 19 (1) to (4) of this Regulation to the European Commission in breach of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(4) In accordance with Article 2 (5) of Commission Implementing Regulation (EU) 2015 / 2068, a legal or operating natural person who manufactures equipment to which fluorinated greenhouse gases are added outside the manufacturing site shall commit an administrative offence by not specifying the quantity added or leaving space on the label to indicate the quantity added outside the production plant or the total quantity of fluorinated greenhouse gases in breach of Article 2 (5) of Commission Implementing Regulation (EU) 2015 / 2068.
(5) The legal or operating natural person importing equipment prefilled with fluorinated greenhouse gas shall commit an administrative offence by not submitting a verification document to the European Commission in breach of Article 19 of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(6) A fine shall be imposed for the administrative offence:
(a) 1 500 000 CZK if it is an administrative offence pursuant to paragraph 2;
(b) 1 000 000 CZK if it is an administrative offence under paragraphs 1, 3 to 5.
(1) The operator of an installation containing fluorinated greenhouse gases shall commit an administrative offence in breach of Regulation (EU) No 517 / 2014 of the European Parliament and of the Council.
(a) for installations containing at least 5 tonnes of fluorinated greenhouse gas CO2 equivalent, provide for a check of leakage by a certified person;
(b) for newly installed installations containing at least 5 tonnes of fluorinated greenhouse gas CO2 equivalent, ensure that the leakage check is not carried out by a certified person immediately after their entry into service;
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Regulation Information
| Citation | Act No. 89 / 2017 Coll., amending Act No. 73 / 2012 Coll., on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gas |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2017 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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