Regulation on substances that damage the ozone layer (Chemical Ozone Layer Regulation-Chemozone Layer V)

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Chemical ozone layer

Date of completion: 13.11.2006

Full quote:

" Chemical Ozone Layer Regulation in the version of the Notice dated 15 February 2012 (BGBl. 409), as defined by Article 433 of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status:	New by Bek. v. 15.2.2012 I 409;
	Last amended by Art. 3 V v. 24.4.2013 I 944
Note:	Amendment by Art. 433 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 01.12.2006 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Consideration of 
 ERL 34/98 (CELEX Nr: 31998L0034)   
 Implementation of the   
 EGV 2037/2000 (CELEX Nr: 32000R2037) 
 EGV 1907/2006 (CELEX Nr: 32006R1907)  G v. 20.5.2008 I 922 
 Implementation of the 
 ERL 121/2006 (CELEX Nr: 32006L0121)  G v. 20.5.2008 I 922 
 ERL 24/98 (CELEX Nr: 31998L0024) see  G v. 20.5.2008 I 922 + + +)   
  

  

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§ 1 Scope

(1) This Regulation shall apply in addition to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 327, 22.12.2009, p. 1), as amended. (2) This Regulation shall not apply:

1.

on seagoing ships under a foreign flag or on seagoing ships, for which the Federal Ministry of Transport, Building and Urban Development pursuant to Section 10 of the Flag Law Act, as amended by the announcement of the 26. October 1994 (BGBl. 3140), as last amended by Article 2 (6) of the Law of 25 June 2009 (BGBl I). 1574), has given the power to lead the flag of the Federal Republic to another port on the first transfer journey,

2.

on board watercraft, provided that the place of origin of such vehicles is not within the scope of this Regulation,

3.

in aircraft which are not registered and registered within the scope of this Regulation.

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§ 2 Display of the use of halons

Those who, under the conditions laid down in Article 13 (1) of Regulation (EC) No 1005/2009, have installed, used or stored halons for the critical uses listed in Annex VI to Regulation (EC) No 1005/2009 for the critical uses listed in Annex VI to the Regulation or the placing on the market or use of halons shall be submitted to the competent authority by 31 March each year for the preceding calendar year, indicating the quantity and nature of the halons used and the quantity and the nature of the halons used, and the Measures taken in writing shall be notified in writing, unless the the competent authority shall, as a result of the reports referred to in Article 27 of Regulation (EC) No 1005/2009, enter into or have received such information in transcript. Unofficial table of contents

§ 3 Reproduction and withdrawal of used substances

(1) For the recovery of controlled substances within the meaning of Article 3 (4) of Regulation (EC) No 1005/2009, as referred to in Article 22 (1) and (4) of Regulation (EC) No 1005/2009, the operator shall be the owner of the facility, provided that such a lack of such substances is lacking. or the product containing the controlled substance. The responsible person referred to in the first sentence may delegate the performance of his obligations to third parties. The first and second sentences do not apply to electrical and electronic equipment, which according to § § 11 and 12 of the Electrical and Electronic Equipment Act of 16 March 2005 (BGBl. 762), as last amended by Article 5 of the Law of 11 August 2010 (BGBl). 1163), have been amended and have to be treated. Moreover, the first and second sentences do not apply to end-of-life vehicles which, according to Article 5 (2) of the End-of-Life Vehicles Regulation, are published in the version of the notice of 21 June 2002 (BGBl. 2214), as last amended by Article 1 of the Regulation of 9 November 2010 (BGBl I). 2) The manufacturers and distributors of the substances referred to in paragraph 1 shall be obliged to withdraw them after use or to withdraw them by a third party designated by them. to ensure. Sentence 1 shall not apply to the extent to which the provisions of the Regulation on the disposal of used halogenated solvents of 23. October 1989 (BGBl. 1918), as defined by Article 7b of the Regulation of 20 December 2008. October 2006 (BGBl. I p. 2298). (3)

1.

in accordance with paragraph 2, or

2.

substances referred to in paragraph 1 as an operator of a waste disposal facility,

shall keep records of the nature and quantity of substances withdrawn or disposed of as well as their whereabout. The records shall be kept for a period of at least three years and shall be submitted to the competent authority upon request. As far as the operator of a disposal facility pursuant to § 49 of the Circular Economic Law in conjunction with Part 3 of the detection regulation of 20. October 2006 (BGBl. 2298), as defined by Article 4 of the Law of 19 July 2007 (BGBl). 1462), in the current version, on the disposal of controlled substances within the meaning of Article 3 (4) of Regulation (EC) No 1005/2009 Register, the records required by the first sentence shall be recorded by: the register shall be replaced by the detection regulation. In this case, in the case of the management of the register in accordance with Article 24 (2) of the detection regulation in the accompanying documents to be entered in the register, in addition in the field "Frei for endorsements" and in the case of the management of the registers according to § 24 (4) and (5) of the -to indicate, in addition to the waste key and the type of waste, the substance or group of substances disposed of in accordance with Annex I to Regulation (EC) No 1005/2009, and to indicate whether recovery or disposal of waste is to be carried out took place. The provisions relating to electronic proof and register management in accordance with § § 17 to 22 of the detection regulation shall apply mutatily, with the proviso that the interfaces required for the additional data set out in sentence 4 of this Regulation shall apply in accordance with § 18 of the German Data Management Act. The second sentence of the second sentence of the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is announced. Unofficial table of contents

§ 4 Prevention of the discharge into the atmosphere; leak tests; recording and storage obligations

(1) Those who operate, wait, take out or dispose of facilities or products containing controlled substances within the meaning of Article 3 (4) of Regulation (EC) No 1005/2009 as refrigerants, blowing agents in foams or extinguishing agents, shall be controlled substances used as starting material or processing aids, or which are inadvertently produced in the manufacture of other chemical substances, shall be subject to the discharge of these substances by means of the substances referred to in Article 23 (7) of Regulation (EC) N ° 1005/2009 by the Commission, Atmosphere to prevent. Unless the Commission has established a technique or practice in accordance with Article 23 (7) of Regulation (EC) No 1005/2009 and the prevention of the leakage of controlled substances according to the state of the art is not possible, the Commission shall: to reduce the level of controlled substances to the level corresponding to the state of the art. Sentence 1 shall not apply to the intended use of fire-extinguishing agents in the absence of training purposes. (2) Anyone who operates equipment or products which have three kilograms or more of the controlled substances within the meaning of Article 3 (4) of the Regulation (EC) No 1005/2009 as a refrigerant, it is necessary to ensure that the facilities or products are regularly inspected and serviced. The frequency of inspections and maintenance required depends on the age, nature and size of the equipment and products concerned, and must be carried out in an Operations Manual, taking into account the manufacturer's Information is committed. Where tightness checks and repairs are not required in accordance with Article 23 (2) of Regulation (EC) No 1005/2009, the operator shall ensure that equipment and products, in accordance with the first sentence, are at least once every twelve months (3) The operator shall ensure that the inspection and maintenance referred to in the first sentence of paragraph 2, as well as the leak tests and any other information on the leak, shall be carried out. Repairs referred to in the third sentence of paragraph 2 in the Operations Manual, specifying the type and quantity used or recovered refrigerants shall be kept and submitted to the competent authority upon request and that these records, as well as the records referred to in Article 23 (3) of Regulation (EC) No 1005/2009, shall be submitted in accordance with their Production shall be kept for at least five years. § § 239 and 261 of the Commercial Code in the revised version published in the Federal Law Gazette, Part III, outline number 4100-1, the latest by Article 6a of the Law of 31 July 2009 (BGBl. 2512), it is appropriate to apply the provisions of this Regulation. Unofficial table of contents

§ 5 Personal requirements for certain works

(1) The recovery of controlled substances within the meaning of Article 3 (4) of Regulation (EC) No 1005/2009, as referred to in Article 22 (1) or (4) of Regulation (EC) No 1005/2009, the withdrawal of such substances or mixtures containing these substances, in accordance with Article 3 (2), the inspection and maintenance of equipment or products containing them in accordance with Article 4 (2) sentence 1, as well as tightness checks and repairs pursuant to Article 23 (2) of the Regulation (EC) No 1005/2009 and Article 4 (2) sentence 3 may only be carried out by persons who:

1.

have demonstrated the necessary expertise,

2.

have the technical equipment necessary for this purpose,

3.

are reliable and

4.

shall not be subject to any instructions in respect of such activity in the event of tightness checks referred to in Article 23 (2) of Regulation (EC) No 1005/2009.

By way of derogation from the first sentence of paragraph 1, in the case of § 4 (2), first sentence, inspections of refrigeration equipment which do not require any intervention in the refrigerant cycle may be carried out by operating personnel, which shall be carried out by a service personnel who shall not be required to carry out a Knowledgeable people have been instructed. A certificate shall be issued on the basis of the instruction to be submitted to the competent authority upon request. (2) The required expertise referred to in the first sentence of the first paragraph of paragraph 1 has been demonstrated to:

1.

has successfully completed a technical or artisanal training enacting in the relevant activity, or in accordance with the provisions of paragraph 4 or § 5 (2) sentence 5 of the chemicals climate protection ordinance of 2 July 2008 (BGBl. 1139), as set out in Article 4 of the Regulation of 9 November 2010 (BGBl I). 1504), which is exempt from the requirement of technical or craft training, and at a training course recognised by the competent authority, in which the content of the teaching referred to in paragraph 3 is communicated , has participated,

2.

in the case of activities in refrigeration and air-conditioning systems as well as heat pumps, a completed training as a refrigeration plant manufacturer, mechatronic technician for refrigeration technology, state-certified technicians/in the field of refrigeration equipment technology or as an engineer/in after studying the basics of refrigeration technology,

3.

in the case of fire-extinguisher and fire-protection installations, a certification recognised by the competent authority may be provided,

4.

a certificate for the corresponding activity in accordance with § 5 (2) sentence 1 of the Chemicals Climate Change Ordinance of 2 July 2008 (BGBl. 1139), as last amended by Article 4 of the Regulation of 9 November 2010 (BGBl I). I p. 1504), or

5.

a certificate of formal qualifications issued in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, which has been issued for the activity in question, and which has been issued for the purposes of Proof of competence as set out in points 1, 2, 3 or 4 shall be equivalent. For the purposes of this Regulation, proof of compliance with the training requirements referred to in point 1 or 2, which shall be met in another Member State of the European Union or in another State Party to the Agreement, shall be subject to compliance with the requirements of this Regulation. The European Economic Area has been issued, as far as they are equivalent, to domestic references.

(3) The training event referred to in paragraph 2 (1) shall cover the knowledge of plant technology required for the respective tasks, the relevant provisions, directives and generally accepted rules of technology. as well as the essential properties of the substances and mixtures concerned and the hazards associated with their use. The participation in a training course referred to in paragraph 2 (1) shall be issued with proof. The certificate must be submitted to the competent authority upon request. (4) The chambers of trade and industry and chambers of industry and commerce responsible pursuant to § 5 (2) sentence 3 of the Chemical Climate Protection Ordinance may, on a case-by-case basis, request persons from the competent authority. (b) the requirement of a technical or craft training provided for in the first sentence of paragraph 2, if they fulfil the conditions for registration in the craft of craft trades in a relevant craft or otherwise demonstrate that they are: are comparable to technical or craft activities. Before taking a decision, the competent Chamber of Trade or Industry and Commerce may obtain an opinion from the competent Innung or the Professional Association. (5) On recognition as a training event in accordance with the first sentence of paragraph 2. Point 1, the certification referred to in paragraph 2, first sentence, point 3, and the exemption provided for in paragraph 4 shall be decided within a period of three months; Section 42a, second sentence, sentences 2 to 4 of the Administrative Procedure Act shall apply. The procedures for the recognition referred to in points 1 and 3 of the first sentence of paragraph 2 and the decision to grant an exemption pursuant to paragraph 4 may in each case be dealt with by means of a single entity. The recognitions and exemptions according to the first sentence shall apply throughout the Federal territory. The examination of an application for recognition as a training event referred to in the first sentence of the first paragraph of paragraph 2, the recognition of a certificate referred to in the first sentence of paragraph 2, or the granting of a waiver pursuant to paragraph 4, shall be based on evidence from a other Member States of the European Union or any other Contracting State of the Agreement on the European Economic Area, if they show that the applicant has the requirements for a recognition as referred to in the first sentence of paragraph 2, for the recognition referred to in the first sentence of paragraph 2, point 3, or for the exemption provided for in paragraph 4 or for the requirements of the issuing State which are essentially comparable in accordance with their objectives. Evidence referred to in the fourth sentence shall be submitted to the competent authority when the application is submitted in the original or in the copy. A certification of the copy as well as a certified German translation can be requested. Unofficial table of contents

§ 6 Administrative Offences

(1) Contrary to the provisions of Section 26 (1) (7) (a) of the Chemicals Act, who intentionally or negligently acts

1.

Contrary to § 2 an advertisement is not, not correct, not complete, not reimbursed in the prescribed manner or not in good time,

2.

Contrary to the first sentence of Article 4 (1), an escape of a substance referred to therein shall not be prevented,

3.

Contrary to the second sentence of Article 4 (1), an escape of a substance referred to therein shall not be reduced,

4.

Contrary to § 4 (2) sentence 1, it does not ensure that a facility or a product is inspected and maintained,

5.

does not ensure that a device or a product is checked and a leak is repaired or that a leak is not guaranteed;

6.

in accordance with Article 5 (1), first sentence, point 1 of the first sentence of paragraph 1.

(2) An administrative offence within the meaning of Article 26 (1) (7) (c) of the Chemicals Act, who intentionally or negligently does not ensure in breach of § 4 (3) sentence 1 that a recording referred to there is conducted, presented and kept (3) In the sense of Section 69 (1) (8) of the German Circular Economy Act, the person who intentionally or negligently does not take back a substance referred to in paragraph 3 (2) sentence 1 and does not accept the withdrawal by a third party (4) (5) unlawful within the meaning of Article 69 (2) (15) of the Circulatory economic law, who, intentionally or negligently, does not carry out a recording referred to in paragraph 3 (3) sentence 1 or sentence 2, is not correct or not complete, does not or does not retain it for at least three years or not or not in time. Unofficial table of contents

Section 7 (Entry into force)