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Regulation on substances that Deplete the ozone layer (chemical ozone layer regulation ChemOzonSchichtV) ChemOzonSchichtV Ausfertigung date: 13.11.2006 full quotation: "chemicals ozone layer regulation as amended by the notice of February 15, 2012 (BGBl. I S. 409), by article 433 of the Decree of 31 August 2015 (BGBl. I p. 1474) is has been modified" status: Neugefasst by BEK. v. 15.2.2012 I 409;
amended by art. 3 V v. 24.4.2013 I 944 Note: change by article 433 V v. 31.8.2015 I 1474 (No. 35) still not taken into account learn more to the stand number in the menu see remarks footnote (+++ text detection from: 01.12.2006 +++) (+++ official note of the standard authority on EC law: consideration of EGRL of 98 at the 34 (CELEX Nr: 31998 L 0034) implementation of EC 2037 / 2000 (CELEX Nr: 32000R2037) 1907/2006 of the EC Treaty (CELEX Nr)) : 32006R1907) see G v. 20.5.2008 I 922 implementation of EGRL 121 / 2006 (CELEX Nr: 32006 L 0121) see G v. 20.5.2008 I 922 EGRL 24/98 (CELEX Nr: 31998 L 0024) see G v. 20.5.2008 I 922 +++) § 1 scope of application (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 286, 31.10.2009, p. 1), in its up-to-date version.
(2) this regulation does not apply 1 on ships under foreign flag or on ships, for which the Federal Ministry for transport, building and urban development pursuant to § 10 of the flag law as amended by the notice of 26 October 1994 (BGBl. I S. 3140), most recently by article 2 paragraph 6 of the Act of June 25, 2009 (BGBl. I p. 1574) is changed, the Federal flag to first transfer travel through any other port has given the authority to conduct , 2. on Board of vessels, provided that the hometown of these vehicles excluded from the scope of this regulation, 3rd in aircraft which are not registered and approved within the scope of this regulation.
§ 2 display the use of Halonen who according with the provisions of article 13 (1) of Regulation (EC) No. 1005 / 2009 for the critical uses listed in annex VI of to Regulation facilities, which include halons, installed, brings halons in traffic, use or store or adjusts the placing on the market or use of halons, this to the competent authority each year to March 31, for the previous calendar year respectively, specifying the amount and type of used halons and to reduce their emissions has Measures in writing view, insofar as this information already no. 1005/2009 copy go to not the competent authority on the basis of the reports referred to in article 27 of Regulation (EC) or has received.
§ 3 recovery and redemption of used substances (1) for the recovery of controlled substances within the meaning of article 3 paragraph 4 of Regulation (EC) No. 1005/2009 after article 22 paragraph 1 and 4 of Regulation (EC) No 1005/2009 is the operator, if one is missing, the owner of the establishment or the product that contains the controlled substance, responsible. The person in charge may transfer its obligations third party pursuant to sentence 1. Sentences 1 and 2 shall not apply to electrical and electronic equipment according to the sections 11 and 12 of the electrical and electronic equipment law of 16 March 2005 (BGBl. I S. 762), most recently by article 5 of the law of August 11, 2010 (Federal Law Gazette I p. 1163) is has been modified to handle and use are. Sentences 1 and 2 also do not apply to vehicles, which according to § 5 para 2 of the ELV regulation as amended by the notice of June 21, 2002 (Federal Law Gazette I p. 2214), most recently by article 1 of the Decree of 9 November 2010 (BGBl. I S. 1504) is has been modified to handle and use are.
(2) manufacturers and distributors of the substances referred to in paragraph 1 are obliged to take them back after use or to ensure the withdrawal by a third party designated by them. Sentence 1 shall not apply as far as the provisions of the regulation on the disposal of used halogenated solvent by October 23, 1989 (BGBl. I S. 1918), by Article 7b of regulation by October 20, 2006 (BGBl. I p. 2298) is changed, are applicable.
(3) a person who takes back 1 after paragraph 2 substances or substances disposed 2. as the operator of a waste disposal facility in paragraph 1, has records to lead about type and quantity of withdrawn or waste substances and their whereabouts. The records are after their creation for at least three years to be kept and to submit to the competent authority upon request. As far as the operator of a waste disposal plant according to paragraph 49 of the law of circulation management in conjunction with part 3 of the regulation by October 20, 2006 (Federal Law Gazette I p. 2298), by article 4 of the law of July 19, 2007 (BGBl. I S. 1462) is has been modified in the currently valid version on the disposal of controlled substances within the meaning of article 3 No. 1005/2009 register has number 4 of Regulation (EC) , the records required pursuant to sentence 1 are replaced by the register according to the regulation. In this case each of the discarded material or the appropriate group of substances pursuant to annex I of to Regulation (EC) is in the management of the register pursuant to article 24 paragraph 2 of regulation in accompanying documents to be entered in the register in addition in the field "for notices" and for management of the register according to section 24, paragraph 4 and 5 of regulation in addition to the indication of the waste key and the type of waste no. 1005 / 2009 to name and to specify , whether a recovery or disposal took place. The provisions relating to the electronic detection and management of registers according to §§ 17 to 22 of the regulation apply corresponding with the proviso that they be reported for the additional information pursuant to sentence 4 required interfaces according to § 18 paragraph 1 sentence 2 of the regulation by the Federal Ministry for environment, nature conservation and nuclear safety.
§ 4 Prevention of leakage into the atmosphere; Leak tests; Capture and hold (1) who facilities or products, the controlled substances within the meaning of article 3 paragraph 4 of Regulation (EC) No. 1005 / 2009 as a refrigerant, blowing agent in foams or extinguishing agents contain runs, waits, except operation takes or disposed of or used controlled substances as feedstock or processing agent or unintentionally produced controlled substances in the manufacture of other chemicals, a leakage of these substances by means of the article 23 is paragraph 7 of Regulation (EC) No. 1005 / 2009 by the Commission set forth To prevent techniques or practices in the atmosphere. Unless the Commission paragraph 7 of Regulation (EC) No 1005/2009 has adopted a technology or practice not under article 23 and the prevention of leakage of controlled substances after the State of the art it is not possible, to reduce the leakage of regulated substances to the extent the State of the art. Sentence 1 does not apply to the intended use of extinguishing agents under exclusion of exercise for the reader.
(2) a person who operates facilities or products, paragraph 4 of Regulation (EC) No 1005/2009 as refrigerants contain three kilograms or more of controlled substances within the meaning of article 3, has to ensure that the facilities or products regularly properly inspected and maintained. The frequency of the required inspections and maintenance depends on the age, characteristics and the size of the facilities and products and must be laid down in a manual, taking into account the information provided by the manufacturer. Unless leak checks and repairs according to article 23 (2) of Regulation (EC) No. 1005/2009 are prescribed, has the operator to ensure that facilities and products according to sentence 1 checked at least once every twelve months by means of appropriate device for leaks and found leaks to be repaired immediately.
(3) the operator has to ensure that inspections and maintenance referred to in paragraph 2 sentence 1, as well as the leak tests and any repairs sentence 3 in the operating manual, specifying the type and quantity used or recovered refrigerants led records referred to in paragraph 2 and presented to the competent authority upon request and these records and the records (3) of Regulation (EC) No 1005/2009 after they are created for at least five years to retain pursuant to article 23. The sections 239 and 261 of the commercial code where in the Federal Law Gazette Part III, outline number 4100-1, adjusted version published, most recently by Article 6a of the Act of July 31, 2009 (Federal Law Gazette I p. 2512) has been modified to apply mutatis mutandis.
§ 5 personal requirements for certain types of work (1) the recovery of controlled substances within the meaning of article 3 paragraph 4 of Regulation (EC) No. 1005/2009 after article 22 paragraph 1 or paragraph 4 of Regulation (EC) No 1005/2009, the withdrawal of such substances or mixtures containing these substances with a mass content of more than 1 percent according to § 3, paragraph 2 , the inspection and maintenance of equipment containing or products in accordance with article 4, paragraph 2, sentence 1 and leak checks and repairs referred to in article 23 (2) of Regulation (EC) No 1005/2009 and § 4 paragraph 2 sentence 3 may be carried only by persons, 1st have demonstrated the required competence, 2. the necessary equipment have, 3 are reliable and 4.
in case of leak tests referred to in article 23 (2) of Regulation (EC) No. 1005/2009 with regard to this activity are subject to any instructions.
By way of derogation from sentence 1 number 1 may in the case of § 4 paragraph 2 sentence 1 inspections of refrigeration facilities, which require no intervention in the refrigerant circuit, are conducted by personnel, which was trained by a competent person. Carried out training is issued a certificate, to be submitted to the competent authority upon request.
(2) the required competence referred to in paragraph 1 set 1 number 1 has proven, who to the respective activity enabling technical or handicraft training successfully completed 1 or pursuant to paragraph 4 or § 5 paragraph 2 sentence 5 the chemicals climate protection Ordinance of July 2, 2008 (BGBl. I p. 1139), by article 4 of the Decree of 9 November 2010 (BGBl. I S. 1504) has been modified , is exempt from the requirement of a technical or craft training as well as at a training event recognised by the competent authority, in the syllabus according to paragraph 3 were communicated, participated, 2. in the case of activities on refrigeration and air conditioning systems and heat pumps completed training as a refrigeration plant Builder, Mechatronics / in refrigeration technology, certified / r technician specializing in refrigeration system or as an engineer after studies , refrigeration were basics in which has, 3. in the case of activities of fire-fighting and fire protection systems a certification recognised by the competent authority can present, 4. a competence certificate for the corresponding activity according to § 5 paragraph 2 sentence 1 of the chemicals climate protection Ordinance of July 2, 2008 (BGBl. I p. 1139), most recently by article 4 of the Decree of 9 November 2010 (BGBl. I S. 1504) has been modified that can demonstrate or 5th for the particular activity can present a certificate, issued in another Member State of the European Union or in another Contracting State to the agreement on the European economic area and which is equivalent to a certificate of aptitude for the numbers 1, 2, 3, or 4. For the purposes of this regulation, verification of the fulfilment of requirements of the training are equal domestic evidence after number 1 or number 2, that have been issued in another Member State of the European Union or in another Contracting State to the agreement on the European economic area, as far as they are equivalent.
(3) the training seminar covers number 1 after paragraph 2 on the knowledge required for the respective task pane plant technology, the relevant regulations, guidelines and generally accepted rules of technology and the essential characteristics of the relevant substances and mixtures and the hazards associated with their use. Of attendance at a training event referred to in paragraph 2, number 1 is a proof to exhibit. The proof is to submit to the competent authority upon request.
(4) according to § 5 paragraph 2 sentence 3 of the chemicals climate protection regulations relevant chambers of Commerce and industry and chambers of Commerce can in individual cases at the request of persons from the requirement of a technical or craft training referred to in paragraph 2 set 1 number 1 free, if they meet the requirements for registration in the role of craft in a relevant trade or otherwise prove that they are comparably qualified for technical or craft activities. The competent Chamber of trade or Chamber of Commerce and industry may seek an opinion of the technically competent Guild or professional association before making a decision.
(5) on the recognition as an advanced training referred to in paragraph 2 sentence 1 number 1, a certification referred to in paragraph 2 set 1 number 3 as well as the exemption pursuant to paragraph 4 each within a period of three months to decide. section 42a paragraph 2 sentence 2 to 4 of the Administrative Procedure Act applies. Procedures for the recognition referred to in paragraph 2 sentence 1 Nos. 1 and 3, as well as the decision on an exemption pursuant to paragraph 4 can be carried out each on a single point. The recognitions and immunities pursuant to sentence 1 shall apply in the entire Federal territory. When examining an application for recognition as a training event referred to in paragraph 2 sentence 1 number 1, on recognition of certification referred to in paragraph 2 sentence 1 number 3 or grant an exemption pursuant to paragraph 4 evidence from another Member State of the European Union or another Contracting State to the agreement on the European economic area domestic prove equal, if from them emerges , that the applicant concerned requirements for recognition under paragraph 2 sentence 1 number 1, for the recognition referred to in paragraph 2 sentence 1 number 3 or essentially comparable for the exemption pursuant to paragraph 4 or that on the basis of their objective of State's requirements of the exhibition fulfilled. Evidence within the meaning of sentence 4 shall be provided the competent authority with application in the original or copy. A certification of the copy, as well as a certified German translation may be required.
§ 6 any person within the meaning of article 26, paragraph 1, number 7 is 2(a) of the chemicals Act offences (1), who intentionally or negligently a 1 violates article 2 display not, not, not completely, not in the prescribed manner or not timely paid, a 2. contrary to article 4, paragraph 1, sentence 1 does not prevent leakage of a listed substance, 3. contrary to article 4, paragraph 1, sentence 2 does not reduce leakage of a listed substance , 4. contrary to § 4 paragraph 2 sentence 1 not provides that an institution or a product is inspected and maintained, 5. contrary to article 4, paragraph 2, sentence 3 does not ensure, that is an institution or a product inspected and repaired a leak or 6 contrary to § 5 paragraph 1 sentence 1 performs an there called activity number 1.
(2) any person within the meaning of article 26, paragraph 1 number 7 letter c of the chemicals Act is who intentionally or through negligence does not ensure contrary to § 4 paragraph 3 sentence 1, that a there called record is kept, presented, and stored.
(3) any person within the meaning of article 69, paragraph 1 point 8 of the circulatory economic law is who intentionally or negligently contrary to article 3, paragraph 2, sentence 1 does not return a specified substance and does not ensure the withdrawal by a third party.
(4) (5) any person within the meaning of article 69, paragraph 2, number 15 of circulatory economic law is who intentionally or negligently violates article 3, paragraph 3, sentence 1 or set 2 not, not properly or not takes a record of there called, not or not at least three years kept or not or not timely submit.
§ 7 (entry into force)
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