Amendment Of The Act On Substances That Deplete The Ozone Layer

Original Language Title: změna zákona o látkách, které poškozují ozonovou vrstvu

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89/2017 Sb.



LAW



of 21 June 1999. February 2017,



amending Act 73/2012 Coll., on substances that Deplete the

the ozone layer, and on fluorinated greenhouse gases



Parliament has passed the following Act of the United States:



Article. (I)



Act 73/2012 Coll., on substances that Deplete the ozone layer and of the

fluorinated greenhouse gases, shall be amended as follows:



1. in article 1, paragraph 1, including footnote No 2:



"(1) this Act follows on directly applicable provisions of the European

Union ^ 1) ^ 2) and regulates the rights and obligations of the parties and the scope of the administrative

authorities in the protection of the ozone layer of the Earth and the climate system of the country before the

the adverse effects of controlled substances referred to in article. 3 (2). 4 of regulation

The European Parliament and of the Council (EC) No 1005/2009 on substances that

deplete the ozone layer, as amended (hereinafter referred to as "regulated

the substance '), and fluorinated greenhouse gases under art. 2 (2). 1 of regulation

The European Parliament and of the Council (EU) No. 517/2014 of 16 December. April 2014

fluorinated greenhouse gases, and repealing Regulation (EC) No 842/2006

(hereinafter referred to as "fluorinated greenhouse gas").



2) Regulation of the European Parliament and of the Council (EU) No. 517/2014 of 16 December.

April 2014 on fluorinated greenhouse gases and repealing Regulation

(EC) No 842/2006.



The Commission implementing Regulation (EU) No 2015/2068 of 17 May. November 2015,

establishing pursuant to European Parliament and Council Regulation (EU) No 517/2014

Specifies the format of the labels of the products and equipment containing fluorinated

greenhouse gases.



The Commission implementing Regulation (EU) No 2015/2067 of 17 May. November 2015,

establishing pursuant to European Parliament and Council Regulation (EU) No 517/2014

establish minimum requirements for the certification of individuals as regards the

stationary refrigeration and air conditioning equipment and heat pumps and

the refrigeration unit refrigeration trucks and trailers

containing fluorinated greenhouse gases, and for the certification of companies,

as regards stationary refrigeration and air-conditioning equipment and thermal

pumps containing fluorinated greenhouse gases, and the conditions for

mutual recognition of these certifications.



The Commission implementing Regulation (EU) No 2015/2066 of 17 May. November 2015,

establishing pursuant to European Parliament and Council Regulation (EU) No 517/2014

establish minimum requirements for the certification of individuals

carrying out the installation, service, maintenance, repair or decommissioning

electrical switching equipment containing fluorinated greenhouse

gases or recovering the fluorinated greenhouse gas

stationary electrical switching equipment and the conditions for reciprocal

the recognition of this certification.



The Commission implementing Regulation (EU) No 2015/2065 of 17 May. November 2015,

establishing pursuant to European Parliament and Council Regulation (EU) No 517/2014

Specifies the format of the notification of the training and certification programmes of the Member

States.



Commission Regulation (EU) No 1191/2014 of 30 November 2005. October 2014

Specifies the format of and ways of submitting the reports referred to in article 19

Regulation of the European Parliament and of the Council (EU) No. 517/2014 on fluorinated

greenhouse gases.



Commission Regulation (EC) No 307/2008 of 2 December. April 2008, which according to the

European Parliament and Council Regulation (EC) No 842/2006 lays down the

the minimum requirements for training programmes and the conditions for reciprocal

recognition of certificates of training of workers, as regards air conditioning

some systems of motor vehicles containing certain fluorinated

greenhouse gases.



Commission Regulation (EC) No 306/2008 of 2 December. April 2008, which according to the

European Parliament and Council Regulation (EC) No 842/2006 lays down the

the minimum requirements for the certification of personnel

recovery of solvents based on certain fluorinated greenhouse

gases from the device and the conditions for reciprocal recognition of this certification.



Commission Regulation (EC) No 304/2008 of 2 December. April 2008, which according to the

European Parliament and Council Regulation (EC) No 842/2006 lays down the

minimum requirements for the certification of companies and workers and the conditions

for mutual recognition of certification with regard to stationary systems

fire protection and fire extinguishers containing certain fluorinated

greenhouse gases.



Commission Regulation (EC) no 1516/2007 of 19 May. December 2007 laying

accordance with European Parliament and Council Regulation (EC) No 842/2006

shall establish the standard leakage checking requirements for stationary

refrigeration, air-conditioning and heat pump equipment containing

certain fluorinated greenhouse gases.



Commission Regulation (EC) no 1497/2007 of 18 May. December 2007 laying

accordance with European Parliament and Council Regulation (EC) No 842/2006

shall establish the standard leakage checking requirements for stationary systems

fire protection containing certain fluorinated greenhouse gases. ".



2. In paragraph 2 (a). and), after the words "greenhouse gases", the words "or

controlled substances ".



3. In article 3, paragraph 3. 1 the first sentence with the number "3" is replaced by "9" and in a sentence

Second, the word "g)" shall be replaced by "f").



4. the title of section 4 reads: "the conditions for the operation and the sale of equipment containing

controlled substance, or fluorinated greenhouse gases ".



5. In section 4, paragraph 4. 2 the letters j) and k) are added:



"j) quantity recovered controlled substances and transfer it to the

disposal of the certified person, including an indication of the number of

the certificate and the name of a natural person, where appropriate, the name, surname and

identification number of the person in a legal entity, the legal business name

form and the identification number of the person



k) indication and the quantity of a fluorinated greenhouse gas, or other substances

on which the device passes. ".



6. In section 4, paragraph 2, the following paragraphs 3 to 5 shall be added:



"(3) the operator of an installation that leads and keeps the records referred to in article. 6

Regulation of the European Parliament and of the Council (EC) No 517/2014, must

keep in the place of operation of the device.



(4) a person who holds a copy of the records referred to in article. 6 (1). 2 (a). (b))

Regulation of the European Parliament and of the Council (EC) No 517/2014, shall be bound to these

copy stored in paper or electronic form.



(5) installation nehermeticky the closed facility filled with fluorinated

greenhouse gases can be carried out only by a certified person.

The person who sells the end user nehermeticky a closed device

filled with fluorinated greenhouse gases, may sell such a device, just


If it is substantiated by a written contract, indicating the serial number of the device,

its installation will be performed by a certified person. Dealer

nehermeticky closed facility filled with fluorinated greenhouse

gases shall be obliged to keep this contract for 5 years. ".



The former paragraph 3 shall become paragraph 6.



7. In § 8 para. 1, the words "article 11 of Commission Regulation (EC) No 303/2008"

replaced by the words "article 8 of the implementing Commission Regulation (EU) 2015/2067" and

the words "of article 6 of Commission Regulation (EC) No 305/2008" shall be replaced by

"article 5 of the implementing Regulation (EU) No 2015/2066".



8. In paragraph 8, the dot at the end of paragraph 2 is replaced by the word "and" and the following

(h)), which read as follows:



"(h)), the draft list of members of the Commission and their trial resumes".



9. In section 8 paragraph 1. 4 (b). (e)), after the word "that", the words "in the

the previous calendar month ".



10. In paragraph 8, the dot at the end of paragraph 4 is replaced by a comma and the following

Letter g) and (h)), which read as follows:



"(g)) to offer and in case of interest to organize at least once every 3 years

training that meets the conditions laid down in article 4(1). 10, paragraph 1. 3 of regulation

The European Parliament and of the Council (EC) No 517/2014,



h) publish in a way allowing remote access information about

technology substitution of fluorinated greenhouse gases, on the safe

handling refunds and on the obligations when dealing with them and the

devices that are fitted. ".



11. In § 8 para. 6 at the end of the text of the letter b), the words "and (h))".



12. In section 8 paragraph 1. 8, the words "directly applicable European Union law

certain fluorinated greenhouse gases and its implementing

regulations "are replaced by the words" directly applicable provisions of the European

Union ^ 2) ".



13. in paragraph 9, at the end of paragraph 4, the dot is replaced by a comma and the following

the letter e), which reads as follows:



"e) electronically once a month send the Ministry a list of people

in the previous calendar month have been certified; the list contains

the name or names, and surname of the holder of the certificate, the phone number

or e-mail address, address, date of issue of the certificate and

the registration number of the certificate. ".



14. in § 9 para. 7, the words "directly applicable European Union law

certain fluorinated greenhouse gases and its implementing

regulations "are replaced by the words" directly applicable provisions of the European

Union ^ 2) ".



15. in section 10, paragraph 1. 2 (d)) shall be deleted.



Subparagraph e) to (h)) shall become points (d) to (g))).



16. in section 10, paragraph 1. 3, the text "(c). a) to (d)) "is replaced by the text" (c). and)

(c)) ".



17. in section 10, paragraph 1. 4 of the introductory part of the provisions of the text "(c). e) to (h)) "

replaced by the text "(c). d) to (g)) ", in subparagraph (b)), the text" (c). (e)) to

g) "is replaced by the text" (c). d) to (f)) ", and in subparagraph (d)), the text" (c). (g)) "

replaced by the text "(c). (f)) ".



18. in section 10, paragraph 1. 6, after the word "procedures", the words "provided for

This Act and the directly applicable European Union regulations ^ 1) ^ 2) ".



19. in paragraph 11 (1) 1 (b). ) to c), the text "100 kg ' is replaced by ' 200

tonnes of CO2 equivalent ".



20. section 12, including title and footnote 5 is deleted.



21. section 13 including the title reads as follows:



"section 13



Information system of certified persons and the persons to whom it was issued

certificate of training



(1) the information system of certified persons and the persons to whom it was issued

certificates of training, the information system of public administration. His

Administrator and operator of the Ministry.



(2) in the information system of certified persons and persons who have been

issued a certificate of training, shall be the following:



and) name, or the name or names, and surname of certified persons

or persons who have been issued a certificate of training



(b) the number of the certificate or certificate) on the training and its date of issue,



c) address or registered office of the person certified



(d) the address of the person), which was issued a certificate of training



e) phone number or e-mail address of the certified person

or persons who have been issued a certificate of training.



(3) the data from the information system of certified persons and persons to whom a

It was issued a certificate of training referred to in paragraph 2 (a). a) to (c))

are published on the Ministry's website.



(4) the Ministry without undue delay, writes to the list and the person

certified in another Member State of the European Union, on request

and a copy of the Ministry shall transmit to the certificate. ".



22. in article 14, paragraph 1 reads:



"(1) the determination of a violation of obligations established by this Act, or

directly applicable European Union regulations ^ 1 ^ 2)), the Czech inspection

the environment save the person that violates this obligation measures to

remedy the situation. When it detects a violation of obligations established directly applicable

European Union regulations ^ 1) ^ 2) to the labelling of products and equipment

placed on the market or the obligations laid down in section 7, the Czech trade

Save the person infringing this inspection obligation corrective measures. ".



23. section 15 including the title reads as follows:



"§ 15



Misdemeanors



(1) a natural person has committed the offence by



and) contrary to section 4 (4). 5 perform the installation of the closed nehermeticky

the device filled with fluorinated greenhouse gases without a certificate,



(b)) carries out an activity referred to in § 8 para. 1 without a permit,



(c)) performs an activity referred to in § 9 para. 1 without a permit,



(d)) carries out an activity referred to in section 10, paragraph 1. 1 or 2 without a certificate,



e) in breach of article. 6 European Parliament and Council Regulation (EC) No.

1005/2009 launches a product or equipment that contain regulated

substances or are dependent on controlled substances,



(f)) in breach of article. 3 (2). 1 regulation of the European Parliament and of the Council (EU)

No 517/2014, intentionally discarded fluorinated greenhouse gases into the atmosphere,

or



g) in breach of article. 4 (4). 2 regulation of the European Parliament and of the Council (EU)

No 517/2014 carries out inspection, recovery, installation,

maintenance or service without a certificate.



(2) a natural person who holds a controlled substance the use of which is in

contrary to the European Parliament and Council Regulation (EC) No 1005/2009,

commits an offence, contrary to section 3 (2). 1



and nezneškodní or does not ensure transmission) a certified person to

disposal of a controlled substance, or



(b) does not make a record of the communication) the controlled substances or such registration after the

a fixed period, not retained.



(3) a natural person who warehoused halons or custom system fire

protection or fire extinguisher with halons, is guilty of an offence that, in


contrary to section 11 (1) 2 fails to file a report containing its type and description

installation, the number and quantity of halon contained in it, the number of

halons, halon quantities, measures to reduce their

emissions and an estimate of such emissions.



(4) a natural person who uses the container for transport or storage

fluorinated greenhouse gases, is guilty of an offence that, in violation of the

with the article. 8 European Parliament and Council Regulation (EU) No 517/2014

After the expiration of her locks into a life of recovery in it

the remnants of the fluorinated greenhouse gases.



(5) a natural person who performs maintenance or repair of existing

refrigeration or air-conditioning or heat pump equipment,

commits the offence by neopatří this device descriptions in the article. 11

European Parliament and Council Regulation (EC) No 1005/2009.



(6) a fine may be imposed for the offense to



1 000 000 Czk), if it is a misdemeanor pursuant to paragraph 1. and), (e)), or

(f)),



b) 500 000 CZK in the case of the offence referred to in paragraph 2 or 4,



c) 250 000 CZK in the case of an offense referred to in paragraph 1 (b). b) to (d)) or

(g)),



d) 100 000 CZK in the case of an offense under paragraph 3 or 5. '.



24. section 17 reads:



"§ 17



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) contrary to section 4 (4). 5 perform the installation of the closed nehermeticky

the device filled with fluorinated greenhouse gases without a certificate,



(b)) carries out an activity referred to in § 8 para. 1 without a permit,



(c)) performs an activity referred to in § 9 para. 1 without a permit,



(d)) carries out an activity referred to in section 10, paragraph 1. 1 or 2 without a certificate, or



e) unlawfully subcontracts the activities listed in section 10, paragraph 1. 1 or 2

on your device, a legal or natural person who is not a holder of

the certificate.



(2) a legal entity or individual entrepreneur is committed by the administrative

tort by the absence of the Ministry report pursuant to § 11 (1) 1 if



and from the person) receives from another Member State of the European Union, more than 200

tonnes of CO2 equivalent of fluorinated greenhouse gases,



(b)) passes to the person to another Member State of the European Union, more than 200 tonnes

CO2 equivalent of fluorinated greenhouse gases,



c) be disposed of more than 200 tonnes of CO2 equivalent of fluorinated greenhouse

gases, or



(d) for the first time on the market) in the territory of the Czech Republic, znovuzíská, recycled,

regenerates or disposed of controlled substances.



(3) an administrative offense shall be fined in the



1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1,



b) 500 000 CZK in the case of an administrative offence referred to in paragraph 2. '.



25. in paragraph 17, the following new section 17a and 17b shall be inserted:



"§ 17a



(1) a legal entity or individual entrepreneur, who keeps a copy of the

the records referred to in article. 6 (1). 2 (a). (b)) of the European Parliament and

Council Regulation (EC) No 517/2014, is guilty of an administrative offense by that, contrary to

section 4, paragraph 4. 4 will not keep these copies in paper or electronic form.



(2) a legal entity or individual entrepreneur, that sells nehermeticky

the closed facility filled with fluorinated greenhouse gases to the final

the user commits the administrative offense by that, contrary to section 4 (4). 5



and sells this device) without substantiated by a written contract that his

the installation will be performed by a certified person, or



(b)) not retained for 5 years contract on installing the nehermeticky sold

the closed facility.



(3) a legal entity or individual entrepreneur, who places on the territory of the

The United States on the market of products or equipment containing fluorinated

greenhouse gases, where the directly applicable European Union regulations ^ 2)

require their marking, is guilty of an administrative offense to the fact that

contrary to section 7 does not ensure the labelling of these products or equipment in the Czech

language or English language.



(4) a legal entity or individual entrepreneur, that store halons

or your own system of fire protection or fire extinguisher with halons, with

committed an administrative offence, contrary to section 11 para. 2 the absence of the

a message containing its type and description of the installation, the number and amount of it

contained quantities of halons, halon quantities

halons, measures to reduce their emissions and an estimate of such emissions.



(5) an administrative offense shall be fined in the



1 000 000 Czk), in the case of an administrative offence referred to in paragraph 2 or 3,



b) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 or 4.



section 17b



(1) the operator of an installation that leads and keeps the records referred to in article. 6

Regulation of the European Parliament and of the Council (EC) No 517/2014, is guilty of an

the administrative offense by that, contrary to section 4 (4). 3 will not keep records in the

the place of operation of the device.



(2) the assessment body is guilty of an administrative offense, by



and) does not flow in accordance with the test materials that are part of the

authorization under section 8 (2). 4 (b). and)



(b)) does not make practical part tests on equipment referred to

in the authorization under section 8 (2). 4 (b). (b)),



(c)) will not keep a record of the theoretical and practical part of the exam candidates

including individual and overall results of reviews for a period of 5 years referred to in

§ 8 para. 4 (b). (c)),



d) contrary to section 8 (2). 4 (b). d) requires candidates for the composition of the

theory and practical tests mandatory training,



(e)) will not send to the Ministry once a month electronically a list of people

in the previous calendar month successfully passed the theoretical and

a practical examination, pursuant to section 8 (2). 4 (b). (e)),



(f)) does not inform the Ministry and the Czech environmental inspection 1

month before the exams on the place and date of the test under section 8

paragraph. 4 (b). (f)),



g) doesn't rearrange at least once every 3 years training that meets the conditions

laid down in article 4(1). 10, paragraph 1. 3 regulation of the European Parliament and of the Council (EU)

No 517/2014, pursuant to section 8 (2). 4 (b). (g)),



h) contrary to section 8 (2). 4 (b). h) shall disclose in a manner allowing

remote access information about technology replacing fluorinated

greenhouse gases, on the safe management of such refunds, and about

obligations when dealing with them and with devices that are

equipped,



I) testing applicants through the test does not make a Commission under section

8 (2). 5, or



to notify the Department of a change) data according to § 8 para. 6 (a). and) or

(b)).



(3) the content of the entity is guilty of an administrative offense, by



and) does not flow in accordance with the teaching materials that are part of

authorisation, according to § 9 para. 4 (b). and)




(b)) will not keep records of training and participating in over 5 years pursuant to § 9

paragraph. 4 (b). (b)),



(c)) shall issue a certificate of training unauthorized person who received

training including the requirements laid down in Commission Regulation (EC) No.

307/2008 culminating to the validation of acquired knowledge, according to § 9

paragraph. 4 (b). (c)),



(d)) does not inform the Ministry or the Czech environmental inspection 1

month before the exams on the place or date of the test under section

9. 4 (b). (d)),



(e) the Ministry has sent electronically) once a month, the list of persons

in the previous calendar month have been certified, according to § 9 para. 4

(a). (e)), or



(f) fails to notify the Department of a change of identification) or other data referred to in

§ 9 para. 5.



(4) a certified person commits an administrative offense that does not comply with

binding procedures pursuant to section 10, paragraph 1. 6.



(5) the operator of a mobile technology recovery of controlled substances

and fluorinated greenhouse gases in products of the domestic recycling

cooling, is guilty of an administrative offense that has not notified the Czech inspection

the environment at least 14 days before the start of a service delivery

mobile technology in accordance with § 10 paragraph 1. 10.



(6) an administrative offense shall be fined in the



1 000 000 Czk), in the case of an administrative offence referred to in paragraph 2 (a). a) to

(f)) or paragraph 3 (a). a) to (e)),



b) 500 000 CZK in the case of an administrative offence referred to in paragraph 1, paragraph 2

(a). g) to (j)), paragraph 3 (b). (f)), paragraphs 4 or 5. ".



26. section 18 reads as follows:



"section 18



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) contrary to article. 4 European Parliament and Council Regulation (EU) No.

517/2014 checks the tightness, recovery, installation, maintenance

or service without a certificate,



(b)) in breach of article. 6 European Parliament and Council Regulation (EU) No.

517/2014 not retained for at least 5 years, copies of the records of the devices with

the content of at least 5 tonnes of CO2 equivalent of fluorinated greenhouse gases,

on which carried out the inspection, recovery, installation,

maintenance or service,



c) contrary to article. 8 European Parliament and Council Regulation (EU) No.

517/2014 does not provide



1. when carrying out disposal of road vehicles at the end of their

the life of the fluorinated greenhouse gases by a person who

has a certificate of training



2. when carrying out repair or disposal of motor vehicles with air conditioning

containing fluorinated greenhouse gases fluorinated

of greenhouse gases or their recycling, reclamation or

disposal,



3. the implementation of the recovery of fluorinated greenhouse gases only

persons who have a training certificate referred to in Commission Regulation (EC) No.

307/2008, or



(d)) in breach of article. 13 of the European Parliament and Council Regulation (EU) No.

517/2014 it



1. magnesium die-casting, sulfur hexafluoride in quantities of 850 kg per year

and higher,



2. in the performance of the tyres sulphur hexafluoride or mixture that contains it,



3. the fluorinated greenhouse gases with a global warming potential 2

500 or more during servicing or maintenance of refrigeration equipment with the size

filling 40 tonnes of CO2 equivalent or more.



(2) a legal entity or individual entrepreneur is committed by the administrative

offense by that, contrary to article. 11 of the regulation of the European Parliament and

Council Regulation (EU) No 517/2014 to market products or equipment containing

fluorinated greenhouse gases.



(3) a legal entity or individual entrepreneur is committed by the administrative

offense by that, contrary to article. 11 of the regulation of the European Parliament and

Council Regulation (EU) No 517/2014 purchase fluorinated greenhouse gases for the purposes of

installation, service, maintenance, or repair of the equipment, without having the appropriate

certificate or certificate.



(4) an administrative offense shall be fined in the



1 500 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (c)), or

(d)), or paragraph 2,



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or

(b)) or paragraph 3. '.



27. in article 18 the following new section 18a to 18 c are inserted:



"§ 18a



(1) a legal entity or individual entrepreneur, who places on the market

fluorinated greenhouse gases, committing an administrative offense to the fact that

contrary to the article. 7 regulation of the European Parliament and of the Council (EU) 517/2014

proven to be neutralized or personality for other uses

trifluormethan emerging as a byproduct in the production, including

feedstock production, in accordance with the best techniques.



(2) a legal entity or individual entrepreneur, who places on the market

fluorinated greenhouse gases, equipment or products according to Regulation

The European Parliament and of the Council (EC) No 517/2014, is guilty of an administrative

offense by that, contrary to this regulation



and) does not mark the products or equipment,



(b)) does not all the required information on the label,



(c)) does not the required information in the instructions for use or in the descriptions

used for advertising,



(d)) has worked out a declaration of conformity confirming the inclusion of contained

fluorinated gases in the system of quotas,



(e)) does not ensure the correctness of the documentation or the certificate of conformity

independent auditor accredited by the article. 14. 2 of regulation

The European Parliament and of the Council (EC) No 517/2014,



(f)) or documentation will not keep the Declaration of conformity for at least 5 years

Since the introduction of the device or product on the market, or



g) exceeds a quota for the amount of fluorinated greenhouse gases

placed on the market, which had been allocated to it under article. Article 16(1). 5 of the regulation

The European Parliament and of the Council (EC) No 517/2014, or that it was

transferred pursuant to article. 18 regulation of the European Parliament and of the Council (EU) No.

517/2014.



(3) a legal entity or individual entrepreneur, who places on the market

refrigeration and air conditioning products or equipment or heat pumps,

which are the odizolována foam fluorinated greenhouse gases, shall

committing an administrative offense by that, contrary to article. 12 of regulation

The European Parliament and of the Council (EU) No 517/2014 does not mark prior to

market this device a label with the text: "foam with fluorinated greenhouse

gases ".



(4) a legal entity or individual entrepreneur, who places on the market

at least 10 000 tonnes of CO2 equivalent of fluorinated greenhouse gases per

year, committing an administrative offense by that, contrary to article. 19 of the regulation

The European Parliament and of the Council (EU) 517/2014



and does not ensure the accuracy of the data validation) by an independent auditor,



(b)) will not keep the verification message for at least 5 years, or




(c)) does not pass the validation message to the Ministry upon request, Czech inspection

to the environment or to the Commission.



(5) an administrative offence under paragraphs 1 to 4 shall be fined up to 1 000

000.



section 18b



(1) a legal entity or individual entrepreneur who sells fluorinated

greenhouse gases for the purposes of the installation, service, maintenance or repair

devices, is guilty of an administrative offense by that, contrary to article. 6

Regulation of the European Parliament and of the Council (EU) 517/2014



and does not keep complete records of) persons shoppers fluorinated greenhouse

gases,



(b)) will not keep such records for a period of 5 years, or



c) sell fluorinated greenhouse gases to a person without the appropriate certificate

or certificate.



(2) a legal entity or individual entrepreneur, that uses the vessel to

transporting or storing fluorinated greenhouse gases, commits

the administrative offense by that, contrary to article. 8 regulation of the European

Parliament and of the Council (EU) No 517/2014 does not guarantee after the expiry of the period of its

the life of the recovery of the residues it contains fluorinated

greenhouse gases.



(3) a legal or natural person-entrepreneur



and, imports or produces) to export the fluorinated greenhouse gases in quantities

at least 100 tonnes of CO2 equivalent, or one metric ton per year,



(b)) be disposed of fluorinated greenhouse gases in quantities of at least 1 000 tonnes

of CO2 equivalent, or one metric ton per year,



(c)) use as feedstock, fluorinated greenhouse gases in quantities

at least 1 000 tonnes of CO2 equivalent, or one metric tonne per year, or



(d)) shall appear on the market of fluorinated greenhouse gases in quantities of at least 500 tonnes

of CO2 equivalent per year in facilities or products,



committing an administrative offense by that, contrary to the regulation of the European

Parliament and of the Council (EU) fails to notify the European Commission of the data 517//2014

According to the article. 19 para. 1 to 4 of this regulation.



(4) a legal entity or individual entrepreneur, which manufactures the device, to the

the fluorinated greenhouse gases added outside the production site,

committing an administrative offense by that, contrary to article. 2 (2). 5 of the implementing

Commission Regulation (EU) No 2015/2068 does not supplemented by quantity or let

on the label space for the indication of the quantity supplemented by outside production plant

or the total amount of fluorinated greenhouse gases.



(5) a legal entity or individual entrepreneur who imports the device

přednaplněné fluorinated greenhouse gas, is guilty of an administrative

offense by that, contrary to article. 19 of the regulation of the European Parliament and

Council Regulation (EU) No 517/2014 of the European Commission does not submit a verification document.



(6) an administrative offense shall be fined in the



1 500 000 Czk), in the case of an administrative offence referred to in paragraph 2,



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraphs 1, 3 to 5.



§ 18 c



(1) the operator of a facility that contains fluorinated greenhouse gases

committing an administrative offense by that, contrary to the regulation of the European

Parliament and of the Council (EU) 517/2014



and will not provide a device with) content of at least 5 tonnes of CO2 equivalent

fluorinated greenhouse gases leak test certified

person,



(b)) does not ensure the newly installed equipment with a capacity of at least 5 tonnes

CO2 equivalent of fluorinated greenhouse gases leak test

certified by the person immediately after their entry into service,



(c)) is not installed properly functioning leakage detection system for devices with

the contents of at least 500 tonnes of CO2 equivalent of fluorinated greenhouse

gases,



d) check leakage detection system at least once every 12

months,



(e)) will not provide without undue delay, repair of equipment, for which he was

detected leakage of fluorinated greenhouse gases,



(f)) does not control for leakage within one month after a leak has been repaired



(g) does not keep records of the devices) containing a minimum of 5 tonnes of CO2 equivalent

fluorinated greenhouse gases



(h)) is mentioned in the records referred to in subparagraph (g)), the required information



I) will not keep records referred to in subparagraph (g)) for at least 5 years,



j) does not pass the records referred to in subparagraph (g)) on request to the Ministry, the Czech

inspection of the environment or to the Commission,



k) does not guarantee the recovery of fluorinated greenhouse gases from plants

at the end of their service life certified person, or



l) does not ensure that the leak test equipment, recovery

fluorinated greenhouse gases, installation, maintenance or servicing of equipment

conducted by a certified person.



(2) a certified person commits an administrative offense, by



and checks the tightness) refrigeration equipment, air-conditioning

device or the heat pump in contravention of the procedures laid down directly

applicable to the EU regulation on standard requirements for

check the tightness of the stationary refrigeration and air-conditioning equipment and

heat pump equipment containing fluorinated greenhouse gases,



(b)) performs a leak test of the stationary system of fire protection in

contrary to the procedures laid down in the EU regulation directly applicable

about standard requirements for inspection of stationary systems

fire protection containing certain fluorinated greenhouse gases, or



c) contrary to article. 8 European Parliament and Council Regulation (EU) No.

517/2014 does not provide recycling, reclamation or destruction

of recovered fluorinated greenhouse gases.



(3) the producer or importer of fluorinated greenhouse gases, which has received

quota based exclusively on the declaration under art. Article 16(1). 2 of regulation

The European Parliament and of the Council (EC) No 517/2014, is guilty of an administrative

offense by that, contrary to article. 18 this Regulation shall enable the other undertaking

to the use of its quotas, without adding the appropriate amount of fluorinated

greenhouse gas, or without the Commission, on request, evidence of

Active activity, as regards the supply of fluorinated greenhouse gases.



(4) the assessment body is guilty of an administrative offense by that, contrary to

directly applicable European Union law



and) the minimum requirements and the conditions for reciprocal recognition

certification of companies and workers when it comes to cooling and

air conditioners and heat pumps containing certain fluorinated

greenhouse gases,



(b)) the minimum requirements and the conditions for reciprocal recognition

certification of companies and workers when it comes to stationary systems

fire protection and fire extinguishers containing certain fluorinated

greenhouse gases,



c) minimum requirements for certification of staff performing


recovering certain fluorinated greenhouse gases from

high-voltage switching equipment and the conditions for reciprocal recognition

This qualification, or



(d)) of the minimum requirements for certification of staff performing

recovery of solvents based on certain fluorinated greenhouse

gases from the device and the conditions for reciprocal recognition of this qualification



1. will not include in the examination for all the minimum requirements laid down,



2. procedures for reporting does not accept or does not retain records

to enable document the individual and overall evaluation results,



3. does for practical tests, it was necessary

equipment, tools or materials, or



4. favours or disadvantaged applicant or group of applicants.



(5) the content of the entity is guilty of an administrative offense by that, contrary to

directly applicable EU regulation on minimum requirements for

certification of personnel recovering certain

fluorinated greenhouse gases from air-conditioning systems in motor

vehicles and the conditions for reciprocal recognition of this qualification



and shall not include in the training of all) the minimum requirements of skills and

knowledge, or



(b)) shall not issue a training certificate with specified data.



(6) an administrative offense shall be fined in the



1 500 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). k),



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). a) to

(e)) or g) or paragraphs 2 to 5,



c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)), h) to

j) or (l)). ".



28. in § 20 paragraph 4 is added:



"(4) administrative offences under this law are heard at first instance

Czech environmental inspection with the exception of administrative offences pursuant to section

Article 16(1). 5, § 17a. 3 and § 18a, paragraph 2. 2 (a). a) to (c)) and § 18a para.

3, which dealt with the Czech trade inspection. ".



29. in section 20 (2). 6, the phrase "Fines collected and enforced by the Czech inspection

the environment "shall be replaced with" fines imposed on Czech business

selects the Czech trade inspection inspections and enforced by the Customs Office. ".



30. in paragraph 22 of the text at the end of subparagraph (d)), the words "and the persons to whom

It was issued a certificate of training ".



31. in section 22 (a). (e)), the words "the submission of copies of the reports referred to in article 6

European Parliament and Council Regulation (EC) No 842/2006 and "are replaced by

the words "transmission of the records referred to in article. 6 of regulation of the European Parliament and

Council Regulation (EU) no message authentication 517/2014, according to art. 19 of the regulation

The European Parliament and of the Council (EC) No 517/2014, and copies of messages ".



32. In paragraph 23 (c)):



"(c)) dealt with offences under section 15 and administrative offences of legal and

entrepreneurial natural persons according to § 20 paragraph 1. 4. "



33. In article 23, the following point (d)), which read as follows:



"(d)) is the competent authority for the transmission of the records referred to in article. 6 of regulation

The European Parliament and of the Council (EC) No 517/2014 and the authentication messages by

article. 19 the European Parliament and of the Council Regulation (EU) No 517/2014. ".



34. section 24 reads as follows:



"§ 24



The Czech trade inspection



and labelling) checks or equipment placed on the market, which

contain a controlled substance, according to a regulation of the European Parliament and of the Council

(EC) No 1005/2009 and products or equipment placed on the market, which

contain fluorinated greenhouse gases, according to a regulation of the European

Parliament and of the Council (EC) No 517/2014 and under section 7,



b) imposes measures to remedy under section 14,



c) hears administrative offences of legal entities and individuals-entrepreneurs

persons under section 16(1). 5, § 17a. 3, § 18a para. 2 (a). a) to (c)), and

§ 18a, paragraph 2. 3. ".



Article II



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.

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