CHAPTER IICONTAINMENT

Article 6Record keeping

1

Operators of equipment which is required to be checked for leaks pursuant to Article 4(1), shall establish and maintain records for each piece of such equipment specifying the following information:

a

the quantity and type of fluorinated greenhouse gases installed;

b

the quantities of fluorinated greenhouse gases added during installation, maintenance or servicing or due to leakage;

c

whether the quantities of installed fluorinated greenhouse gases have been recycled or reclaimed, including the name and address of the recycling or reclamation facility and, where applicable, the certificate number;

d

the quantity of fluorinated greenhouse gases recovered;

e

the identity of the undertaking which installed, serviced, maintained and where applicable repaired or decommissioned the equipment, including, where applicable, the number of its certificate;

f

the dates and results of the checks carried out under Article 4(1) to (3);

g

if the equipment was decommissioned, the measures taken to recover and dispose of the fluorinated greenhouse gases.

2

Unless the records referred to in paragraph 1 are stored in a database set up by the competent authorities of the Member States the following rules apply:

a

the operators referred to in paragraph 1 shall keep the records referred to in that paragraph for at least five years;

b

undertakings carrying out the activities referred to in point (e) of paragraph 1 for operators shall keep copies of the records referred to in paragraph 1 for at least five years.

The records referred to in paragraph 1 shall be made available, on request, to the competent authority of the Member State concerned or to the Commission. To the extent that such records contain environmental information, Directive 2003/4/EC of the European Parliament and of the Council18 or Regulation (EC) No 1367/2006 of the European Parliament and of the Council19 shall apply as appropriate.

3

For the purpose of Article 11(4), undertakings supplying fluorinated greenhouse gases shall establish records of relevant information on the purchasers of fluorinated greenhouse gases including the following details:

a

the numbers of certificates of the purchasers; and

b

the respective quantities of fluorinated greenhouse gases purchased.

The undertakings supplying fluorinated greenhouse gases shall maintain those records for at least five years.

The undertakings supplying fluorinated greenhouse gases shall make such records available, on request, to the competent authority of the Member State concerned or to the Commission. To the extent that the records contain environmental information, Directive 2003/4/EC or Regulation (EC) No 1367/2006 shall apply as appropriate.

4

The Commission may, by means of an implementing act, determine the format of the records referred to in paragraphs 1 and 3 of this Article and specify how they should be established and maintained. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 24.