Article 1U.K.Subject matter and scope
This Regulation establishes minimum requirements for the certification of natural persons carrying out installation, servicing, maintenance, repair, decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear, as well as the conditions for F1... recognition of certificates issued in accordance with those requirements.
Textual Amendments
F1Word in Art. 1 omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(2); 2020 c. 1, Sch. 5 para. 1(1)
Article 2U.K.Certification of natural persons
1.Natural persons carrying out the activities referred to in Article 1 shall hold a certificate as referred to in Article 3.
2.Natural persons undertaking one of the activities referred to in Article 1 shall not be subject to the requirement laid down in paragraph 1 of this Article provided they meet the following conditions:
(a)they are enrolled in a training course for the purpose of obtaining a certificate covering the relevant activity; and
(b)they carry out the activity under the supervision of a person holding a certificate covering that activity and who is fully responsible for the correct execution of the activity.
The derogation provided for in the first subparagraph shall apply for the duration of periods spent carrying out the activities referred to in Article 1 not exceeding 12 months in total.
3.This Regulation shall not apply to any manufacturing and repairing activity undertaken at manufacturer's sites for electrical switchgear.
Article 3U.K.Issuance of certificates to natural persons
1.A certification body as referred to in Article 4 shall issue a certificate to natural persons who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 5, covering the minimum skills and knowledge set out in Annex I.
2.The certificate shall contain at least the following:
(a)the name of the certification body, the full name of the holder, a certificate number, and the date of expiry if any;
(b)the activities which the holder of the certificate is entitled to perform;
(c)issuing date and issuer's signature.
3.Holders of certificates issued pursuant to Regulation (EC) No 305/2008 shall be deemed qualified to carry out all activities referred to in Article 1 and a certification body referred to in Article 4 may issue a certificate to the holder of this qualification without repeating examination.
Article 4U.K.Certification body
1.A certification body shall be F2... allowed to issue certificates to natural persons involved in the activity referred to in Article 1.
The certification body shall be impartial in carrying out its activities.
2.The certification body shall establish and apply procedures for the issuance, suspending and withdrawing of certificates.
3.The certification body shall maintain records that allow verifying the status of a certified person. The records shall demonstrate that the certification process has been effectively fulfilled. Records shall be kept for a minimum period of 5 years.
Textual Amendments
F2Words in Art. 4(1) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(3); 2020 c. 1, Sch. 5 para. 1(1)
Article 5U.K.Evaluation body
1.An evaluation body F3... shall organise examinations for the natural persons referred to in Article 1. A certification body as referred to in Article 4 may also qualify as an evaluation body.
The evaluation body shall be impartial in carrying out its activities.
2.Examinations shall be planned and structured in a manner which ensures that the minimum skills and knowledge set out in Annex I are covered.
3.The evaluation body shall adopt reporting procedures and keep records to enable the documentation of the individual and overall results of the evaluation.
4.The evaluation body shall ensure that examiners assigned to a test have due knowledge of the relevant examination methods and examination documents as well as appropriate competence in the field to be examined. It shall also ensure that the necessary equipment, tools and materials are available for the practical tests.
Textual Amendments
F3Words in Art. 5(1) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(4); 2020 c. 1, Sch. 5 para. 1(1)
F4Article 6U.K.Notification
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Art. 6 omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(5); 2020 c. 1, Sch. 5 para. 1(1)
Article 7U.K.Conditions for F5... recognition
[F61.Certificates issued in a European Union member State in accordance with Article 3 shall be recognised.]
2.[F7Holders] of certificates issued in [F8a member State are] to provide a translation of the certificate in [F9English].
Textual Amendments
F5Word in Art. 7 heading omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 7(1) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in Art. 7(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 7(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Art. 7(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(6)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Article 8U.K.Repeal
Regulation (EC) No 305/2008 is repealed.
References to the repealed Regulation (EC) No 305/2008 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 9U.K.Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Article 2(1) shall apply as of 1 July 2017 to natural persons undertaking installation, servicing, maintenance, repair and decommissioning of electrical switchgear containing fluorinated greenhouse gases and recovery of fluorinated greenhouse gases from stationary electrical switchgear, other than high voltage switchgear referred to in Regulation (EC) No 305/2008.
F10...
Done at Brussels, 17 November 2015.
For The Commission
The President
Jean-Claude Juncker
Textual Amendments
F10Words in Signature omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 68(7); 2020 c. 1, Sch. 5 para. 1(1)