Document 14 - Amendment to the Act on Substances that Deplete the Ozone Layer – EU

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The new law regulates the obligations of natural persons, entrepreneurial individuals and legal entities in the field of management of substances depleting the ozone layer and fluorinated greenhouse gases. The Act focuses on the implementation of European Union regulations, including the obligation to label these substances, equipment and products containing them.

Certified persons and entities must keep records of training, certificates and tests, and provide this information to the Ministry and the Czech Environmental Inspectorate. Certified persons are required to undergo refresher training or an assessment process, and part of the exam may be waived based on previously obtained qualifications.

Producers, importers, exporters and sellers of fluorinated greenhouse gases and regulated substances must report regularly to the Ministry on their use, storage and transport. These reports must contain detailed information on the quantity, type and manner of use of these substances.

The law introduces severe sanctions for breaches of obligations, including fines of up to CZK 5,000,000. The sanctions concern, for example, failure to label products, failure to comply with the rules for the recovery of fluorinated greenhouse gases or their improper disposal.

The law also provides for the obligation to install leak detection systems for equipment containing regulated substances and to regularly inspect these systems. Equipment operators must ensure that leaks are repaired and maintenance records are maintained.

Certified persons and entities must ensure that refresher training and assessment processes are carried out in accordance with European regulations. Entities organizing training must inform the Ministry about the dates and places of the training.

The law introduces an information system for certified persons, which will be administered by the ministry. This system will contain data on certified persons, including their contacts, certificates and completed training. The Ministry will publish this information on its website, with the exception of sensitive data.

Persons who place regulated substances or products on the market must submit customs, tax documents and other documents relating to these substances at the request of the Ministry or the Inspectorate.

The law allows the Czech Environmental Inspectorate and other authorities to confiscate or order the withdrawal from the market of fluorinated greenhouse gases, regulated substances or products that violate EU regulations or this Act.

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The new legislation introduces stricter regulations for the management of fluorinated greenhouse gases (F-gases) and ozone-depleting substances. The Act implements European regulations 2024/573 and 2024/590, which bring new obligations for manufacturers, importers, equipment operators, certified persons and other entities.

Fines for offences have been significantly increased. For example, a fine of up to CZK 5,000,000 can be imposed for the release of fluorinated greenhouse gases into the atmosphere. Repeated infringements can lead to fines of up to eight times the market value of the substances or devices concerned.

Certified individuals must complete refresher training or an assessment process. The obligation is considered to have been fulfilled even if the training was completed before the law came into effect, if it meets the new requirements.

Operators of equipment containing F-gases must ensure leak checks, keep records and keep documentation for 5 years. Failure to comply with these obligations can lead to fines of up to CZK 5,000,000.

Healthcare providers may only use the anesthetic desflurane under specific medical conditions. Each use must be recorded in the medical records and recorded. The records must be provided to the Ministry of the Environment or the European Commission upon request.

Customs authorities are gaining new powers, including the detention of regulated substances and products on suspicion of violating the law. Information on the export and import of these substances must be shared between the competent authorities.

The law comes into effect on July 1, 2026, which provides time to prepare and adapt to the new obligations.

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The amendment to the Act introduces the obligation of regular retraining of holders of certificates and training certificates in the field of refrigeration, air conditioning, heat pumps, fire protection equipment and electrical switching equipment. Retraining must be completed at least once every 7 years, with the first deadline set for March 12, 2029. The costs of the training will be borne by the certified persons themselves, while the price ranges between CZK 3000-15,000 without VAT per person.

Certified persons and companies handling fluorinated greenhouse gases (F-gases) will now be required to report on their use in production, installation, service, maintenance and recovery. This obligation applies to approximately 1100 legal entities and natural persons doing business in the Czech Republic. F-gas suppliers will have to keep records and report on their sales.

The law specifies the requirements for keeping records of equipment containing regulated substances and F-gases. Records must be kept directly at the site of operation of the facility, which will facilitate the inspection activities of the Czech Environmental Inspectorate (ČIŽP).

The amendment abolishes the fee obligation under Section 6, which may bring savings for the entities concerned. On the other hand, it introduces new administrative obligations that may increase the costs of administration and reporting.

Certification bodies will be required to update their materials and processes according to new European regulations. They must also keep records of issued certificates and certificates, which they will hand over to the Ministry of the Environment. If a certification body ceases its activities, it must hand over all records to the Ministry.

The law introduces the possibility of exemption from part of the exam for persons who have previously obtained the appropriate qualification. This reduces the administrative burden for some applicants for certification.

The amendment has a positive impact on the environment thanks to stricter controls and reporting of F-gas emissions. At the same time, it ensures better controllability of the management of these substances, which contributes to the fulfilment of international climate protection obligations.

The law expands the information system of certified persons, but maintains the principles of privacy protection. Personal data, such as date of birth or contact information, will not be published on the Ministry’s public website.

The amendment does not contain any social impacts on specific groups of the population, nor impacts on equality between men and women. Impacts on national security or defence are not expected.

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[5/10] This part of the document focuses on the regulation of the use of desflurane in healthcare settings and on regulations related to fluorinated greenhouse gases and regulated substances. New obligations have been introduced for healthcare facilities that must record the use of desflurane and provide this data at the request of the Ministry of the Environment or the European Commission. The law also provides for fines for non-compliance with desflurane regulation and failure to keep records. These changes are planned to take effect from 1 July 2026.

The next part is devoted to the regulation of fluorinated greenhouse gases and regulated substances. Obligations have been introduced for operators of facilities containing these substances, including the obligation to keep record books, install leak detection systems and regularly check the leaks of equipment. Fees for regulated substances were also set at CZK 400 per kilogram, payable by 30 April of the following year.

Certified persons and entities must comply with new training and certification requirements, including the obligation to undergo refresher training or an assessment process. The Ministry will administer the information system of certified persons and publish data on certified persons on its website.

Tougher penalties for breaches of obligations have been introduced, including the possibility of seizing regulated substances or devices containing them. The Czech Environmental Inspectorate and other authorities may order measures to remedy or withdraw products from the market.

Practical impacts include the need for healthcare facilities and operators of facilities containing controlled substances to adapt their procedures to new requirements, keep detailed records and provide training for their employees. Companies will have to take into account new fees and possible penalties for non-compliance.

[6/10] This section of the legal document focuses on the regulation of the management of fluorinated greenhouse gases and regulated substances, including their storage, transport, disposal, labelling and controls. It contains an overview of offences, fines and obligations for natural persons, entrepreneurial natural persons and legal entities.

Individuals and companies are obliged to ensure the correct disposal of regulated substances, including fluorinated greenhouse gases, and to hand them over to authorized persons. They must also keep records of these substances for a set period of time (usually 5 years).

Fines for offences range from CZK 100,000 to CZK 5,000,000, depending on the severity of the violation. For example, a fine of up to CZK 2,500,000 may be imposed for failure to label products containing controlled substances in the Czech or Slovak language.

Companies that place fluorinated greenhouse gases on the market must ensure that they are labelled, comply with quotas and keep documentation of their origin and use. Failure to comply with these obligations may lead to fines of up to CZK 1,500,000.

Operators of facilities containing fluorinated greenhouse gases are required to ensure regular leak inspections, leak repairs and maintenance records. Failure to comply with these obligations may be sanctioned with a fine of up to CZK 1,000,000.

Certified persons and entities are required to follow procedures for testing, training, and disposal of controlled substances. Violation of these rules can lead to fines of up to CZK 1,500,000.

Importers and exporters of controlled substances must submit customs documentation and comply with the rules of the Montreal Protocol. Failure to comply with these obligations may be sanctioned with a fine of up to CZK 2,500,000.

The Czech Environmental Inspection Authority and the Czech Trade Inspection Authority are responsible for dealing with offences and collecting fines. The income from the fines is intended for the State Environmental Fund of the Czech Republic.

[7/10] This part of the Act focuses on the regulation of the management of fluorinated greenhouse gases and ozone-depleting substances, including offences, sanctions and obligations for legal and natural persons.

Specific changes and obligations:

• Offences and fines: Severe penalties are introduced for offences related to the discharge of fluorinated greenhouse gases, failure to label products containing these gases, failure to keep documentation or failure to comply with obligations in the management of these substances. Fines range from CZK 200,000 to CZK 5,000,000, depending on the severity of the offence.

• Certification and permits: Legal and natural persons must be certified for the installation, maintenance and handling of equipment containing fluorinated greenhouse gases. Failure to comply with this obligation may lead to fines of up to CZK 3,000,000.

• Reporting obligations: Entities that store or handle controlled substances must report regularly to the Ministry. Failure to submit a report may be sanctioned by a fine of up to CZK 1,000,000.

• Documentation retention: Obligation to keep documentation on the management of regulated substances and fluorinated greenhouse gases for a period of 5 years. Failure to comply with this obligation can lead to fines of up to CZK 3,000,000.

• Prohibition of activity: A ban on activity may be imposed for serious offences.

Practical impacts:

• Companies and individuals working with fluorinated greenhouse gases must ensure that their employees are certified and follow strict procedures for handling these substances.

• Manufacturers, importers and dealers must ensure that products are correctly labelled and keep documentation on conformity and other mandatory data.

• Operators of facilities containing controlled substances must ensure regular leak inspections and repairs of equipment.

Specific steps:

1. Ensure certification for people handling fluorinated greenhouse gases.
2. Keep documentation on the handling of controlled substances for 5 years.
3. Report regularly to the Ministry on the storage and handling of controlled substances.
4. Ensure the labelling of products containing controlled substances in the Czech or Slovak language.
5. Comply with obligations related to checking the tightness of the equipment and ensuring the recycling or disposal of gases.

Temporary measures:

• Persons who are already in possession of controlled substances must ensure that they are disposed of within 3 months of the entry into force of the Act.

New fees and penalties:

• Fines for misdemeanours range from CZK 200,000 to CZK 5,000,000.
• The costs of seizure and analysis of controlled substances are covered by the inspected persons.

Validity period:

• The Act enters into force on 1 September 2012. The transitional provisions set deadlines for the fulfilment of certain obligations, such as the disposal of controlled substances within 3 months of the effective date of the Act.

Enforcement authorities:

• The Czech Environmental Inspectorate, the Czech Trade Inspection Authority, customs offices and the General Directorate of Customs are responsible for the control and enforcement of the obligations laid down by law.

Learn more:

• The Act contains references to directly applicable European Union regulations that set minimum requirements for the certification, labelling and management of regulated substances and fluorinated greenhouse gases.

Recommendation:

• Businesses and individuals should review their practices and ensure that they comply with any new requirements of the law.
• Consultation with a lawyer or environmental law expert is recommended to ensure compliance.

[8/10] This part of the document focuses on the regulation of fluorinated greenhouse gases and health services, introducing new obligations, sanctions and procedures for individuals, companies and healthcare providers.

Fluorinated greenhouse gases:

• An obligation is introduced for producers, importers and exporters of fluorinated greenhouse gases and installations containing these gases to provide accurate information in customs declarations, including registration numbers, weight of gases and other data. This information must be provided in Czech or Slovak.

• Certified individuals and businesses must keep records of the use of fluorinated greenhouse gases, including their amount, type and method of use. These records must be kept for a period of at least 5 years and made available to the competent authorities upon request.

• Regular refresher training for certified persons is required to undergo regular refresher training every 7 years. The first training must be completed by March 12, 2029.

• Fines of up to CZK 1,000,000 may be imposed for breaches of obligations, such as failure to keep records or improper handling of gases.

Health services:

• Healthcare providers must ensure that underage patients are hospitalised separately from adults and women from men, except in acute intensive care.

• The obligation to equip patients with medicines and medical devices for 3 days upon discharge, unless this is contrary to other regulations.

• Providers must prepare and update trauma plans every 2 years and submit them to the relevant administrative authorities.

• The obligation to use the inhalation anesthetic desflurane only in justified cases and to keep detailed records of its use is introduced.

• Fines of up to CZK 100,000 may be imposed for violations of obligations, such as improper use of anesthetics or failure to equip patients with medications.

Practical steps:

• Companies and certified persons must implement systems of records and provide regular training.

• Healthcare providers must adapt their operations to the new requirements for separate hospitalization and anaesthetic records.

• Producers and importers of fluorinated greenhouse gases must ensure proper labelling and record-keeping.

Sanction:

• Fines for breaching obligations range from CZK 50,000 to CZK 1,000,000, depending on the severity of the offense.

• Possibility to confiscate or withdraw illegally obtained goods from the market.

Validity period:

• Some obligations, such as refresher training, have specific deadlines (e.g. by 12 March 2029). Other duties are permanent.

Impacts:

• Increased administrative costs for companies and healthcare providers.

• Potential savings through more efficient management of fluorinated greenhouse gases and prevention of leaks.

• Improving the quality of healthcare and reducing the environmental burden.

What to do:

• Companies must implement systems of records and provide training for employees.

• Healthcare providers must adapt their operations to the new requirements and ensure adequate documentation.

• Producers and importers of fluorinated greenhouse gases must ensure proper labelling and record-keeping.

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The new obligations for operators of installations containing fluorinated greenhouse gases include ensuring the recovery of these gases by qualified persons, their correct disposal and keeping records of the quantity and type of gases. These records must be kept for 5 years and made available to the competent authorities upon request.

The sale of fluorinated greenhouse gases is restricted to certified persons or businesses that employ certified persons. The sale of non-hermetically sealed equipment filled with these gases is only permitted with proof that the installation will be carried out by a certified person.

Importers and producers of fluorinated greenhouse gases must keep the compliance documentation for 5 years and make it available to the competent authorities upon request. Violation of these obligations can lead to fines of up to CZK 5,000,000.

Fines for offences related to fluorinated greenhouse gases range from CZK 1,000,000 to CZK 5,000,000, while repeated violations can lead to fines of up to eight times the market value of the substances or equipment in question.

Member States must notify the European Commission of penalties for infringements of the regulation by 1 January 2026 and ensure their effective application. Penalties shall be proportionate, dissuasive and take into account the seriousness of the infringement, the impact on the environment and the financial situation of the undertaking.

Operators of stationary installations must ensure systems for detecting fluorinated greenhouse gas leaks and their regular inspection. Violations of these obligations are punishable by fines of up to CZK 5,000,000.

Manufacturers and importers of regulated substances must ensure that by-products such as trifluoromethane are properly disposed of and keep compliance documentation for 5 years. Violation of these obligations can lead to fines of up to CZK 3,000,000.

Businesses must keep records of fluorinated greenhouse gases, including their quantity, use and disposal, and keep them for 5 years. These records must be made available to the competent authorities or the European Commission upon request.

The Commission may authorise exemptions from certain prohibitions for up to 4 years if there are no technically feasible alternatives or if their use would be economically disproportionate. Those derogations shall be adopted by means of implementing acts.

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From 1 January 2025, building owners and contractors will be required to ensure that emissions of fluorinated greenhouse gases are minimised during renovations and demolitions related to the removal of foams containing fluorinated greenhouse gases. If removal is not technically feasible, a dossier must be drawn up and kept for five years.

Businesses that place refillable fluorinated greenhouse gas containers on the market must submit a declaration of compliance and keep documentation for at least five years. This documentation shall be made available to the competent authorities upon request.

From 1 January 2026, the use of desflurane as an anesthetic will be prohibited unless medically necessary. Health care facilities must keep records of its use, including the justification, and keep these records for a period of five years.

The Commission may, by means of implementing acts, determine the format and manner in which the records are to be kept. Businesses must keep records of fluorinated greenhouse gases, including the quantities produced, imported, exported or disposed of, for at least five years.

Customs authorities have access to the F-gas portal and can carry out checks. In case of violation of the regulation, single-use containers may be confiscated or disposed of.

Member States have until 1 January 2026 to notify the Commission of penalties for infringements of the regulation. Sanctions may include administrative financial penalties or criminal sanctions, including imprisonment for up to one year.

Operators of facilities containing fluorinated greenhouse gases must keep records of gas quantities, maintenance, servicing and gas recovery. These records must be kept for a period of five years and made available upon request.

Companies that manufacture or place on the market ozone-depleting substances must keep records of their quantity, origin and use for a period of five years. Records shall be made available to the competent authorities upon request.