fluorinated greenhouse gases;disposable containers for fluorinated greenhouse gases;products or equipment containing fluorinated greenhouse gases;controlled substances;equipment containing controlled substances

Government draft bill amending Act No 73/2012 on substances that deplete the ozone layer and on fluorinated greenhouse gases, as amended

The aim of the draft bill is, based on the experience arising from the practice of handling substances that deplete the ozone layer (hereinafter also 'controlled substances') and F-gases, to remove some shortcomings of the applicable legislation, which will lead to more efficient handling of these substances and gases and to the more efficient performance of the state administration in this area.

The proposed draft amendment to the Act therefore in particular
1) extends the time limit for disposal, or surrender for disposal, of controlled substances;
2) newly makes the activity of disposal and regeneration of F-gases contingent upon having a permit;
3) newly regulates the prohibition on the use of disposable containers for F-gases;
4) adjusts the requirement for the declaration of the importer of F-gases so that compliance with the allocated quantitative quotas can be easier to check;
5) amends the method of issuing certificates necessary for the handling of controlled substances and F-gases in order to simplify and streamline the certification system;
6) newly differentiates whether the performance of regulated activities will be subject to a certificate issued by an evaluation and certification body or an authorisation by the Ministry of the Environment;
7) narrows the content of the data in the information system of certified persons to strictly necessary data in order to reduce the administrative burden;
8) regulates new sanctions following the new regulation of certain obligations.

The proposed legislation reimplements the following European Union provisions:
• Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2010 on substances that deplete the ozone layer.
•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 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 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the minimum requirements for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from installations and the conditions for mutual recognition of such certification.
• Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements for the certification of natural persons as regards stationary refrigeration and air-conditioning equipment and heat pumps for refrigeration trucks and trailers containing fluorinated greenhouse gases and certification of companies as regards stationary cooling 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 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements for the certification of natural persons performing the installation, servicing, maintenance, repair or decommissioning of electrical switching equipment 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.
• Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.
•Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services.
Furthermore, the draft Act is affected by the following regulations of the European Union:
• 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) 2015/2065 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.
The draft is in accordance with the above-mentioned European Union regulations.