LAW OF UKRAINE

of December 12, 2019 No. 376-IX

On regulation of economic activity with ozone-depleting substances and the fluorinated greenhouse gases

This Law regulates legal relationship concerning production, import, export, storage, use, placement in the market and the treatment of the ozone-depleting substances fluorinated by greenhouse gases, goods and the equipment which contain them or use that influences ozone layer and the level of global warming.

Section I General provisions

Article 1. Determinations of the main terms

1. In this Law terms are used in such value:

1) use of controlled substances - use of controlled substances in production process, servicing or repair, including filling, refill of goods and the equipment, or during other processes;

2) producer of controlled substances - the physical person entrepreneur or the legal entity performing production of controlled substances in the territory of Ukraine;

3) production of controlled substances - activities which include all stages of engineering procedure and are connected with release of controlled substances, done intentionally or unintentionally or as by-product if such by-product is not neutralized within engineering procedure. The recycling of controlled substances, recuperation for the purpose of recycling, production of mixes of controlled substances are not considered as production;

4) leakages and emissions of controlled substances - hit of controlled substances to the surrounding environment owing to intentional or unintentional actions of physical persons or legal entities, defects, damages, inadequate operation of goods and the equipment;

5) hermetically the closed system - system in which all parts containing coolant are condensed by welding, the soldering or the similar combined connection which can have the blocked valves and the muffled openings allowing to make proper repair or removal and less than three grams of controlled substance a year under pressure, at least, in quarter of the most admissible pressure have the checked leakage regulation;

6) neutralization of controlled substances - process owing to which all or most part of controlled substance turns or split on permanent basis in one or stabler substances which are not controlled substances;

7) removal from operation - final stop and the termination of operation or use of goods or the equipment;

8) container - the container intended for transportation or storage of controlled substances;

9) controlled substances - ozone-depleting substances and/or the fluorinated greenhouse gases;

10) the national import quota of controlled substances - determined by the Montreal protocol about the substances destroying ozone layer, for Ukraine annual amount of consumption of ozone-depleting substances, and also the fluorinated greenhouse gases specified in Item 1 of appendix 2 to this Law;

11) one-time container - the container which is not intended for repeated filling and is used for storage of controlled substances, in maintenance time, operation or filling of refrigeration equipment, air conditioning systems, thermal pumps, fire protection systems or high-voltage distributing devices or intended for storage or transportation of solvents on the basis of controlled substances;

12) ozone layer - the layer of atmospheric ozone which contains in stratosphere and absorbs biologically dangerous ultra-violet sunlight;

13) ozone-depleting substance - any substance specified in appendix 1 to this Law which exists independently or in mix, primary, recuperated, regenerated or processed for recycling or isomers of such substance and has ozone-depleting potential above zero;

14) ozone-depleting potential (further - ORP) - the indicator determined for each ozone-depleting substance in appendix 1 to this Law which determines potential destructive (negative) influence of such substance on ozone layer;

15) the operator of controlled substances - subject of managing which carries out transactions on import to export, placement in the market, storage, use or the treatment of controlled substances and/or goods and the equipment, and also subject of managing which owns and/or uses the stationary equipment or systems determined by parts four and the fifth article 8 of this Law and acquired the status of the operator of controlled substances according to the legislation of Ukraine;

16) transactions with controlled substances - import, export, placement in the market, storage, use or the treatment of controlled substances and/or goods and the equipment;

17) primary substance - unused, not regenerated, not recuperated and it on which the recycling, controlled substance was not performed;

18) the treatment of controlled substances - transactions on movement (transportation), recuperation, regeneration, recycling, neutralization within the territory of Ukraine of controlled substances and/or goods and the equipment;

19) the potential of global warming - the coefficient determined for each fluorinated greenhouse gas specified in appendix 2 to this Law which means extent of influence of the fluorinated greenhouse gas on global warming concerning carbon dioxide;

20) regeneration - conversion of controlled substances for the purpose of ensuring their compliance to equivalent characteristics of primary substance taking into account its planned use;

21) recuperation - collection of controlled substances from goods, the equipment or container in holding time, repair, storage and removal from operation of such substances or goods and the equipment;

22) recycling - reuse of the recuperated controlled substances after basic process of cleaning, such as filtering or drying;

23) placement in the market - deliveries or provision to the third parties for a fee or free of charge controlled substances or goods and the equipment;

24) settlement amount of ozone-depleting substances - the amount of ozone-depleting substances established by multiplication of amount of each ozone-depleting substance by its ozone-depleting potential and summing of the received indicators which is determined in tons of the ozone-depleting potential (ORP);

25) settlement amount of the fluorinated greenhouse gases - the amount of greenhouse gases established by multiplication of amount of each gas increased by its potential of global warming, and summing of the received indicators which is determined in tons CO2 экв.;

26) raw materials - any controlled substance which was chemically turned within engineering procedure during which such substance completely changed the initial structure and as the result has the ozone-depleting potential or potential of global warming above zero and which emissions are insignificant;

27) the system of detection of leakage - the calibrated mechanical, electric or electronic device for detection of leakage of controlled substances which during detection of leakage automatically notifies the operator of controlled substances;

28) consumption - total quantity of the controlled substances imported from other states, except the controlled substances exported to other states;

29) goods and the equipment - the goods and the equipment containing controlled substances, and/or goods and the equipment which function using controlled substances, except the containers used for transportation or storage of controlled substances;

30) the fluorinated greenhouse gases - any substances specified in appendix 2 to this Law which exist independently or in mix, primary, recuperated, regenerated or processed for recycling or their isomers and have the potential of global warming above zero.

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