Message 001
Communication from the Commission - TRIS/(2026) 2327
Directive (EU) 2015/1535
Notification: 2026/0444/CZ
Notification of a draft text from a Member State
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Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20262327.EN
1. MSG 001 IND 2026 0444 CZ EN 20-08-2026 CZ NOTIF
2. Czechia
3A. Úřad pro technickou normalizaci, metrologii a státní zkušebnictví
Biskupský dvůr 1148/5
110 00 Praha 1
Tel: +420 221 802 216
e-mail: eu9834@unmz.gov.cz
3B. Ministerstvo životního prostředí, odbor legislativní
Vršovická 1442/65
Praha 10, 100 10
Tel: +420 267 122 813
4. 2026/0444/CZ - S90E - Greenhouse gases or gases that deplete the ozone layer
5. Draft Act amending Act No 73/2012 on substances that deplete the ozone layer and on fluorinated greenhouse gases, as amended, and amending other related legislation
6. ozone-depleting substances, fluorinated greenhouse gases, prevention of emissions, manufacturer, importer, operator of equipment
7.
8. This draft Act is, for the most part, implementing legislation adapting the Czech legal order following the adoption of new European legislation in this field. This concerns Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014, and Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009. In addition, this concerns EU implementing acts relating to the Regulations above. A complete list of these implementing acts, 13 in total, is provided in footnote 2 of this draft Act (pp. 1 to 3). The new European legislation in this field follows on from the Regulations implemented by the original version of Act No 73/2012, adopted in 2012, and governs the handling of fluorinated greenhouse gases and ozone-depleting substances in view of their adverse impact on the ozone layer and the Earth’s climate system.
The new Regulations tighten the existing measures, including the prohibition on the placing on the market of certain products and equipment for which readily available commercial alternatives exist. They also introduce new requirements relating to the prevention of emissions of these substances. Those measures will affect in particular refrigeration, air conditioning, heat pumps, electrical switchgear, insulating foams, aerosols and a number of other common uses of F-gases. Certain obligations relating to the prevention of emissions will now also apply to mobile equipment (refrigeration units, etc.), which was not previously covered.
As directly applicable legislation, the new Regulations impose a large number of obligations on various parties (e.g. manufacturers or operators of the relevant equipment, importers, as well as natural persons), to which national legislation needs to be adapted and for which appropriate penalties need to be laid down.
The proposed legislation adapts the Czech legal order in relation to the handling of non-refillable containers for F-gases, the handling of recovered F-gases, training and examinations, other obligations of evaluation and certification bodies and certified persons, and the provision of information.
Further amendments to Act No 73/2012, i.e. amendments that are not implementing measures, are very closely related to the requirements arising from European legislation. This mainly concerns bringing the obligations for equipment containing ozone-depleting substances and equipment containing F-gases into line with one another, or new § 7a governing the handling of recovered F-gases for recycling and reclamation. The reporting requirements are based on the record-keeping obligations imposed on undertakings directly by the Regulations. The Information System of Certified Persons is administered by the Ministry of the Environment and the data are supplied by certification bodies; it is a tool that serves the sector as a whole.
The subject of this notification of a technical regulation is Part One of the draft Act in question (Amendment to the Act on Substances that Deplete the Ozone Layer and on Fluorinated Greenhouse Gases). Part Two (Amendment to the Criminal Code) and Part Three (Amendment to the Health Services Act), which are purely implementing in nature, do not contain a technical regulation within the meaning of Article 1(1)(f) of Directive (EU) 2015/1535. They are therefore not the subject of this notification of a technical regulation. Part Two of the draft amends the Criminal Code in response to the aforementioned directly applicable EU legislation. Part Three amends the Health Services Act with regard to the use of desflurane as an inhalational anaesthetic.
Reference to the previous notification of Act No 73/2012 as the basic legislation: 2021/0399/CZ
Keywords: ozone-depleting substances, fluorinated greenhouse gases, prevention of emissions, manufacturer, importer, operator of equipment
9. With the adoption of the above-mentioned Regulation (EU) 2024/573 and Regulation (EU) 2024/590 (and their implementing legislation), the current wording of Act No 73/2012 has become inadequate and needs to be amended. The current wording implements European Union acts that have since been repealed – in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2010 on substances that deplete the ozone layer and Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006. As the Regulations being implemented contain approximately 160 individual obligations addressed to various parties, the section of the Act dealing with administrative offences appeared to be the most problematic. To ensure that sanctions could continue to be imposed effectively, the constituent elements of the offences (both those relating to obligations laid down in the Regulations and those relating to obligations laid down directly in the Act) were revised. In the case of sanctions relating to obligations laid down in the Regulations, a comprehensive and complete revision was necessary.
9a. As mentioned above, the draft Act in question is mainly an implementing measure. Other amendments to Act No 73/2012, which are not implementing measures, are directly related to the requirements arising from European legislation and serve to ensure that those requirements are properly implemented and applied. These include, in particular, bringing the obligations for equipment containing ozone-depleting substances and equipment containing F-gases into line with one another; new § 7a governing the handling of recovered F-gases for recycling and reclamation; amendments relating to reporting obligations; and amendments to the Information System of Certified Persons. The proposed amendments to the Act that are not implementing measures are therefore also necessary to ensure the proper transposition of the relevant EU legislation. Hence, these are also in line with the public interest in protecting the Earth’s ozone layer and the climate.
9b. The present legislation is necessary to ensure the adaptation of the Czech Republic’s legal order to the new EU legislation in this field. The proposed amendments that are not implementing measures are directly linked to the implementation of the EU legislation in question and are necessary to ensure that the implementing legislation serves its intended purpose (see above). The proposed legislation therefore does not impose any restrictions on the EU internal market and will not affect cross-border trade in goods and services.
9c. This draft Act is primarily an implementing measure (see above). Its submission is necessary to ensure the proper implementation of new EU legislation in this field, namely Regulation (EU) 2024/573, Regulation (EU) 2024/590 and their implementing legislation. It can be concluded that no obligations are imposed on the affected parties beyond the requirements of the relevant EU Regulations.
10. Reference(s) to basic text(s): 2021/0399/CZ
The basic texts were forwarded with an earlier notification:
2021/0399/CZ
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
