Regulation On Substances That Deplete The Ozone Layer

Original Language Title: Verordnung über Stoffe, die die Ozonschicht schädigen

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

Non-official table of contents

ChemOozone Layer V

Date of expend: 13.11.2006

Full quote:

" Chemical Ozone Layer Regulation in the version of the Notice of 15. February 2012 (BGBl. 409), as defined by Article 433 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Recaught by Bek. v. 15.2.2012 I 409;
last modified by Art. 3 V v. 24.4.2013 I 944
Note:Change by Art. 433 V v. 31.8.2015 I 1474 (No 35) not yet taken into

For details, see the Notes

Footnote

(+ + + text evidence:) for details: 01.12.2006 + + +)
(+ + + Official note of the norm provider on EC law:
compliance with the
EGRL 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
EGRL 121/2006 (CELEX Nr: 32006L0121) cf. G v. 20.5.2008 I 922
EGRL 24/98 (CELEX Nr: 31998L0024) see G v. 20.5.2008 I 922 + + +)



Non-official table of contents

§ 1 Scope

(1) This Regulation shall apply in addition to the Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 June 2009 September 2009 on substances that deplete the ozone layer (OJ L 327, 28.12.2009, p. 1), as amended by the Commission.(2) This Regulation does not apply to
1.
on seagoing ships under foreign flag or on seagoing ships, for which the Federal Ministry of Transport, Building and Urban Development according to § 10 of the Law on Flag Rights, as amended by the 26. October 1994 (BGBl. 3140), as last amended by Article 2 (6) of the Law of 25 June 2000. June 2009 (BGBl. 1574), the power to control the flag of the Federal Republic of Germany on the first transfer journey to another port,
2.
on board of Watercraft, provided that the place of origin of such vehicles is not within the scope of this Regulation,
3.
in aircraft which are not covered by this Regulation Regulation registered and registered.
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§ 2 Display of the use of halons

Article 13 (1) of Regulation (EC) No 1005/2009, in respect of the critical uses listed in Annex VI to the Regulation, installs, installs, uses or stores halons on the market, uses or stores halons, or The competent authority shall, on a yearly basis, place the marketing or use of halons on a yearly basis at 31 December 2008. to indicate in writing, for the preceding calendar year, the quantity and type of halons used and the measures taken to reduce their emissions, in so far as the competent authority does not already provide such information in the case of the reports referred to in Article 27 of Regulation (EC) No 1005/2009, have been or have been sent in transcript. Non-official table of contents

§ 3 Recovery and withdrawal of used substances

(1) For the recovery of controlled substances within the meaning of Article 3 Point 4 of Regulation (EC) No 1005/2009, in accordance with Article 22 (1) and (4) of Regulation (EC) No 1005/2009, the operator shall be responsible, if any, of the owner of the facility or of 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 are in accordance with § § 11 and 12 of the Electrical and Electronic Equipment Act (EEE) 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, in accordance with Article 5 (2) of the End-of-Life Vehicle Regulation, are in the version of the announcement of 21. June 2002 (BGBl. 2214), which was last amended by Article 1 of the Regulation of 9 December 2008. November 2010 (BGBl. 1504), have been amended and have been amended.(2) Manufacturers and distributors of the substances referred to in paragraph 1 shall be obliged to withdraw them after use or to ensure that they are withdrawn by a third party designated by them. 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. 2298) has been amended.(3) Who
1.
takes back fabrics after paragraph 2 or
2.
as the operator of a waste disposal plant referred to in paragraph 1,
has disposed of the type and quantity of substances withdrawn or disposed of as well as their whereaby Keep records. 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 a declaration of waste, in addition to specifying the waste key and the type of waste, in each case the substance or group of substances disposed of in accordance with Annex I to Regulation (EC) No 1005/2009 and indicating whether recovery or disposal is took place. The provisions relating to electronic proof and register management in accordance with § § 17 to 22 of the detection regulation shall apply in accordance with the requirements that the interfaces required for the additional information provided for in the fourth sentence of sentence 4 shall apply in accordance with Section 18 (1) (b) of the Regulation. 1 sentence 2 of the detection regulation is announced by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. unofficial table of contents

§ 4 Prevention of exit into the atmosphere; leak checks; record and retention obligation

(1) Who equipment 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, operates, waits, departs or dispose of, or dispose of, 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, to prevent the use of techniques or practices in the atmosphere. 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, excluding exercise purposes.(2) Anyone who operates facilities or products containing three kilograms or more of the controlled substances as refrigerants within the meaning of Article 3 (4) of Regulation (EC) No 1005/2009 shall ensure that the facilities or products are are regularly inspected and serviced professionally. 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, as set out in the first sentence, are at least once every twelve months be checked for leaks and fixed leaks are immediately repaired.(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 repairs referred to in the third sentence of paragraph 2, in the Operations Manual, indicate the type and quantity of the equipment used or the quantity of such repairs. Recovered refrigerants shall be kept records 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, after they have been drawn up, shall be submitted to the competent authority. shall be kept for at least five years. § § 239 and 261 of the German Commercial Code (Handelsgesetzbuch) in the revised version published in the Bundesgesetzblatt, Part III, outline number 4100-1, the most recent of which is Article 6a of the Law of 31 December 1991. July 2009 (BGBl. 2512), it is appropriate to apply the provisions of this Regulation. Non-official table of contents

§ 5 Personal requirements for certain works

(1) The reclamation of controlled substances within the meaning of Article 3 Point 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 with a total mass content of more than 1 per cent, according to § 3 (2), the inspection and maintenance of equipment or products containing them pursuant to § 4 (2) sentence 1 as well as tightness checks and repairs pursuant to Article 23 (2) of Regulation (EC) No 1005/2009 and § 4 (2) sentence 3 may only be of people who have
1.
evidence of the required expertise,
2.
have the technical equipment required to do this,
3.
are reliable and
4.
in the case of leak checks referred to in Article 23 (2) of Regulation (EC) No 1005/2009 as regards this activity, no instructions
By way of derogation from the first subparagraph of sentence 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: had previously been instructed by a knowledgeable person. A certificate shall be issued via the instruction to be submitted to the competent authority upon request.(2) The required subject-matter referred to in the first sentence of the first paragraph of paragraph 1 has demonstrated who
1.
a technical or craft training capable of carrying out the activity in question , or in accordance with paragraph 4 or § 5 (2) sentence 5 of the chemicals climate protection regulation of the second subparagraph of Article 2 (2). July 2008 (BGBl. 1139), as set out in Article 4 of the Regulation of 9 December 2008. November 2010 (BGBl. 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 ,
2.
in the case of activities in refrigeration and air-conditioning systems and heat pumps, a completed training as a refrigeration plant manufacturer, Mechatronic technician for refrigeration equipment, state-certified technician in the field of refrigeration equipment or as an engineer after studying the basics of refrigeration technology,
3.
in the case of fire extinguisher and fire protection activities, a certification recognized by the competent authority can be found,
4.
an examination certificate for the corresponding activity in accordance with § 5 paragraph 2 sentence 1 of the chemicals climate protection regulation of 2. July 2008 (BGBl. 1139), as last amended by Article 4 of the Regulation of 9 December 2008. November 2010 (BGBl. 1504),
5.
can provide a certificate of formal qualifications for the activity in question in another Member State of the The European Union or another State Party to the Agreement on the European Economic Area has been issued and which is equivalent to a certificate of competency in accordance with points 1, 2, 3 or 4. For the purposes of this Regulation, proof of compliance with the training requirements referred to in point 1 or 2 which is to 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. (3) The training course referred to in paragraph 2 (1) shall cover the relevant areas of responsibility for the respective areas of responsibility.
Knowledge of plant technology, the relevant regulations, guidelines 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. Proof shall be submitted to the competent authority upon request.(4) The Chambers of Crafts and Chambers of Industry and Commerce responsible pursuant to § 5 (2) sentence 3 of the Chemicals Climate Protection Regulation may, on a case-by-case basis, request persons from the requirement of a technical or manual training in accordance with paragraph 1. 1 (1) (1), if they fulfil the conditions for registration in the craft of a relevant craft or otherwise demonstrate that they are qualified for technical or craft activities. The competent Chamber of Trade or Industry and Commerce can obtain an opinion from the competent Innung or Professional Association before taking a decision.(5) The recognition as a training event referred to in the first sentence of paragraph 2, first sentence, of the certification referred to in paragraph 2, first sentence, point 3, and of the exemption provided for in paragraph 4, shall be decided within a period of three months; § 42a paragraph 2 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 Republic. 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 the recognition referred to in the first sentence of paragraph 2, the recognition referred to in paragraph 2, first sentence, point 3, or the exemption provided for in paragraph 4, or the requirements of the issuing State, which are essentially comparable in accordance with the objectives of that paragraph, shall be satisfied. 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. Non-official table of contents

§ 6 Administrative Offences

(1) Administrative unlawful within the meaning of section 26, paragraph 1, point 7, point (a) of the Chemicals Act Who intentionally or negligently does not display
1.
contrary to § 2, not correct, not correct completely, not in the prescribed manner or not in a timely manner,
2.
contrary to § 4, paragraph 1, sentence 1, an escape of a substance referred to there is not
3.
contrary to § 4, paragraph 1, sentence 2, does not reduce an escape of a substance named there,
4.
contrary to § 4, paragraph 2, sentence 1, not ensuring that a device or product is inspected and serviced,
5.
contrary to § 4 paragraph 2 sentence 3, it does not ensure that a device or a product is checked and a leak is repaired or
6.
contrary to § 5, paragraph 1, first sentence, no. 1, the activity referred to in point 1.
(2) unlawful within the meaning of Article 26 (1) (7) (c) of the Chemicals Act, Who, intentionally or negligently, does not ensure, contrary to Section 4 (3), sentence 1, that a record referred to there is kept, presented and kept.(3) In the sense of Section 69 (1) (8) of the Circular Economic Act, who intentionally or negligently does not take back a substance referred to in paragraph 3 (2) sentence 1 and who does not accept the withdrawal by a third party ensures.(4) (5) In accordance with Section 69 (2) (15) of the German Circulatory Economic Law, who intentionally or negligently does not carry out a recording referred to in paragraph 3 (3), sentence 1 or sentence 2, either correctly or not in full, shall not be retained or not, or shall not be presented in good time, for at least three years. Non-official table of contents

§ 7 (Entry into force)