2023/0097/CZ
EC/EFTA
CZ Czech Republic
  • S80E - Greenhouse gases or gases that deplete the ozone layer
2023-06-09
2023-03-15

fluorinated greenhouse gases; products or equipment containing fluorinated greenhouse gases; controlled substances; equipment containing controlled substances

Draft Decree on the implementation of certain provisions of the Act on substances that deplete the ozone layer and on fluorinated greenhouse gases

The draft Decree on the implementation of certain provisions of the Act on substances that deplete the ozone layer and on fluorinated greenhouse gases is newly proposed implementing legislation for Act No 73/2012 on substances that deplete the ozone layer and on fluorinated greenhouse gases, as amended (hereinafter the 'Controlled Substances Act'). Because the Controlled Substances Act is currently being amended (the amendment was passed on 15. 2. 2023 by the Senate of the Parliament of the Czech Republic as Senate Document No 37), the main purpose of this draft is to respond to this fact and to adapt the implementation of the Controlled Substances Act at the sub-statutory level.

The draft therefore aims to replace the existing Decree No 257/2012 on the prevention of emissions of substances that deplete the ozone layer and fluorinated greenhouse gases, as amended by Decree No 472/2017, and specifically to implement the provisions of § 4(3) and (6), § 8(7), § 10b(4) and § 11(4) of the Controlled Substances Act. This means that the Decree lays down a model record book of equipment containing controlled substances, requirements on how to keep and store records pursuant to Article 6 of Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements for theoretical and practical examination by the evaluation and certification body, the extent of the required knowledge to recover,
regenerate or destroy controlled substances, the procedures for the activities referred to in § 10(1) and (2) or § 10a(1) and (2) of the Act, with the exception of procedures consisting of checking the leakage of refrigeration or air conditioning equipment or fire protection systems containing fluorinated greenhouse gases, the content of the certificates and the method of issuing certificates and templates for reporting.
The proposed legislation reimplements the following European Union legislation:
• 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 rotection systems and fire extinguishers containing certain fluorinated greenhouse gases.
• Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 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 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.
Keywords: controlled substances; fluorinated greenhouse gases; ozone layer