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- Original (As adopted by EU)
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 (Text with EEA relevance)
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1.The intentional release of fluorinated greenhouse gases into the atmosphere shall be prohibited where the release is not technically necessary for the intended use.
2.Operators of equipment that contains fluorinated greenhouse gases shall take precautions to prevent the unintentional release (‘leakage’) of those gases. They shall take all measures which are technically and economically feasible to minimise leakage of fluorinated greenhouse gases.
3.Where a leakage of fluorinated greenhouse gases is detected, the operators shall ensure that the equipment is repaired without undue delay.
Where the equipment is subject to leak checks under Article 4(1), and a leak in the equipment has been repaired, the operators shall ensure that the equipment is checked by a certified natural person within one month after the repair to verify that the repair has been effective.
4.Natural persons carrying out the tasks referred to in points (a) to (c) of Article 10(1) shall be certified in accordance with Article 10(4) and (7) and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases.
Undertakings carrying out the installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (d) of the Article 4(2) shall be certified in accordance with Article 10(6) and (7) and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases.
1.Operators of equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more and not contained in foams shall ensure that the equipment is checked for leaks.
Hermetically sealed equipment that contains fluorinated greenhouse gases in quantities of less than 10 tonnes of CO2 equivalent, shall not be subject to leak checks under this Article, provided the equipment is labelled as hermetically sealed.
Electrical switchgear shall not be subject to leak checks under this Article provided it complies with one of the following conditions:
(a)it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;
(b)it is equipped with a pressure or density monitoring device; or
(c)it contains less than 6 kg of fluorinated greenhouse gases.
2.Paragraph 1 applies to operators of the following equipment that contains fluorinated greenhouse gases:
(a)stationary refrigeration equipment;
(b)stationary air-conditioning equipment;
(c)stationary heat pumps;
(d)stationary fire protection equipment;
(e)refrigeration units of refrigerated trucks and trailers;
(f)electrical switchgear;
(g)organic Rankine cycles.
As regards the equipment referred to in points (a) to (e) of the first subparagraph, the checks shall be carried out by natural persons certified in accordance with the rules provided for in Article 10.
By way of derogation from the first subparagraph of paragraph 1, until 31 December 2016, equipment that contains less than 3 kg of fluorinated greenhouse gases or hermetically sealed equipment, which is labelled accordingly and contains less than 6 kg of fluorinated greenhouse gases shall not be subject to leak checks.
3.The leak checks pursuant to paragraph 1 shall be carried out with the following frequency:
(a)for equipment that contains fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more, but of less than 50 tonnes of CO2 equivalent: at least every 12 months; or where a leakage detection system is installed, at least every 24 months;
(b)for equipment that contains fluorinated greenhouse gases in quantities of 50 tonnes of CO2 equivalent or more, but of less than 500 tonnes of CO2 equivalent: at least every six months or, where a leakage detection system is installed, at least every 12 months;
(c)for equipment that contains fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more: at least every three months or, where a leakage detection system is installed, at least every six months.
4.Obligations of paragraph 1 for fire protection equipment as referred to in point (d) of paragraph 2 shall be considered to be fulfilled provided the following two conditions are met:
(a)the existing inspection regime meets ISO 14520 or EN 15004 standards; and
(b)the fire protection equipment is inspected as often as is required under paragraph 3.
5.The [F1appropriate authority may, by regulations], specify requirements for the leak checks to be carried out in accordance with paragraph 1 of this Article for each type of equipment referred to in that paragraph, identify those parts of the equipment most likely to leak and repeal acts adopted pursuant to Article 3(7) of Regulation (EC) No 842/2006. F2...
Textual Amendments
F1Words in Art. 4(5) 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, 39(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 4(5) 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, 39(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Operators of the equipment listed in points (a) to (d) of Article 4(2) and containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more, shall ensure that the equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage.
2.Operators of the equipment listed in points (f) and (g) of Article 4(2) and containing fluorinated greenhouse gases in quantities of 500 tonnes of CO2 equivalent or more and installed from 1 January 2017, shall ensure that this equipment is provided with a leakage detection system which alerts the operator or a service company of any leakage.
3.Operators of the equipment listed in points (a) to (d) and (g) of Article 4(2) that is subject to paragraph 1 or 2 of this Article shall ensure that leakage detection systems are checked at least once every 12 months to ensure their proper functioning.
4.Operators of the equipment listed in point (f) of Article 4(2) that is subject to paragraph 2 of this Article shall ensure that leakage detection systems are checked at least once every 6 years to ensure their proper functioning.
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 [F3appropriate regulator] 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 [F4appropriate regulator]. To the extent that such records contain environmental information, [F5the Environmental Information Regulations 2004 or the Environmental Information (Scotland) Regulations 2004] 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 [F6appropriate regulator]. To the extent that the records contain environmental information, [F7the Environmental Information Regulations 2004 or the Environmental Information (Scotland) Regulations 2004] shall apply as appropriate.
4.The [F8appropriate authority may, by regulations], 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. F9...
Textual Amendments
F3Words in Art. 6(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, 40(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 6(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, 40(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 6(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, 40(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 6(3) 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, 40(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 6(3) 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, 40(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 6(4) substituted (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, 40(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
1.Producers of fluorinated compounds shall take all necessary precautions to limit emissions of fluorinated greenhouse gases to the greatest extent possible during:
(a)production;
(b)transport; and
(c)storage.
This Article also applies where fluorinated greenhouse gases are produced as by-products.
2.Without prejudice to Article 11(1), the placing on the market of fluorinated greenhouse gases and gases listed in Annex II shall be prohibited unless, where relevant, producers or importers provide evidence, at the time of such placing, that trifluoromethane, produced as a by-product during the manufacturing process, including during the manufacturing of feedstocks for their production, has been destroyed or recovered for subsequent use, in line with best available techniques.
This requirement shall apply from 11 June 2015.
1.Operators of stationary equipment or of refrigeration units of refrigerated trucks and trailers that contain fluorinated greenhouse gases not contained in foams shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for by Article 10, so that those gases are recycled, reclaimed or destroyed.
This obligation applies to operators of any of the following equipment:
(a)the cooling circuits of stationary refrigeration, stationary air-conditioning and stationary heat pump equipment;
(b)the cooling circuits of refrigeration units of refrigerated trucks and trailers;
(c)stationary equipment that contains fluorinated greenhouse gas-based solvents;
(d)stationary fire protection equipment;
(e)stationary electrical switchgear.
2.The undertaking that uses a fluorinated greenhouse gas container immediately prior to its disposal shall arrange for the recovery of any residual gases to make sure they are recycled, reclaimed or destroyed.
3.Operators of products and equipment not listed in paragraph 1, including mobile equipment, that contain fluorinated greenhouse gases shall arrange for the recovery of the gases, to the extent that it is technically feasible and does not entail disproportionate costs, by appropriately qualified natural persons, so that they are recycled, reclaimed or destroyed or shall arrange for their destruction without prior recovery.
The recovery of fluorinated greenhouse gases from air-conditioning equipment in road vehicles outside the scope of [F10the Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009] shall be carried out by appropriately qualified natural persons.
For the recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles falling within the scope of [F11the Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009] only natural persons holding at least a training attestation in accordance with Article 10(2) shall be considered appropriately qualified.
Textual Amendments
F10Words in Art. 8(3) 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, 41(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 8(3) 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, 41(b); 2020 c. 1, Sch. 5 para. 1(1)
Without prejudice to existing F12... legislation, [F13the appropriate authority] shall encourage the development of producer responsibility schemes for the recovery of fluorinated greenhouse gases and their recycling, reclamation or destruction.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Word in Art. 9 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, 42(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 9 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, 42(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 9 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, 42(b); 2020 c. 1, Sch. 5 para. 1(1)
1.[F15The appropriate authority] shall, on the basis of the minimum requirements referred to in paragraph 5, [F16enable the establishment or adaptation of] certification programmes, including evaluation processes. [F15The appropriate authority] shall ensure that training is available for natural persons carrying out the following tasks:
(a)installation, servicing, maintenance, repair or decommissioning of the equipment listed in the points (a) to (f) of Article 4(2);
(b)leak checks of the equipment referred to in points (a) to (e) of Article 4(2), as provided for in Article 4(1);
(c)recovery of fluorinated greenhouse gases as provided for in Article 8(1).
2.[F17The appropriate authority] shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases from air-conditioning equipment in motor vehicles falling within the scope of [F18the Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009] are available, on the basis of the minimum requirements referred to in paragraph 5.
3.The certification programmes and training provided for in paragraphs 1 and 2 shall cover the following:
(a)applicable regulations and technical standards;
(b)emission prevention;
(c)recovery of fluorinated greenhouse gases;
(d)safe handling of equipment of the type and size covered by the certificate;
(e)information on relevant technologies to replace or to reduce the use of fluorinated greenhouse gases and their safe handling.
4.Certificates under the certification programmes provided for in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5.
5.The minimum requirements for certification programmes are those laid down in Regulations (EC) No 303/2008 to (EC) No 306/2008 and under paragraph 12. The minimum requirements for training attestations are those laid down in Regulation (EC) No 307/2008 and under paragraph 12. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the required practical skills and theoretical knowledge, where appropriate, differentiating between different activities to be covered, as well as the conditions for mutual recognition of certificates and training attestations.
6.[F19The appropriate authority shall enable the establishment or adaptation of] certification programmes on the basis of the minimum requirements referred to in paragraph 5 for undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (d) of Article 4(2) for other parties.
7.Existing certificates and training attestations issued in accordance with Regulation (EC) No 842/2006 shall remain valid, in accordance with the conditions under which they were originally issued.
8.[F20The appropriate authority] shall ensure that all natural persons holding certificates under certification programmes provided for in paragraphs 1 and 7 have access to information regarding each of the following:
(a)technologies referred to point (e) of paragraph 3; and
(b)existing regulatory requirements for working with equipment containing alternative refrigerants to fluorinated greenhouse gases.
9.[F21The appropriate authority] shall ensure the availability of training for natural persons who wish to update their knowledge in relation to the matters referred to in paragraph 3.
[F2210.Certificates and training attestations issued in any part of the United Kingdom, or issued in a member State in accordance with Article 10 of Regulation (EU) No 517/2014 as it has effect in EU law and as amended from time to time, [F23or certificates and training attestations issued by a specified state that are equivalent to those issued in any part of the United Kingdom,] shall be valid in any part of Great Britain.]
11.Any undertaking which assigns a task referred to in paragraph 1 to another undertaking shall take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks pursuant to this Article.
12.In the event that it appears necessary for the purposes of the application of this Article, [F24the appropriate authority shall, by regulations,] adapt and update the minimum requirements as to the skills and knowledge to be covered, specify the modalities of the certification or attestation and the conditions for mutual recognition and repeal acts adopted pursuant to Article 5(1) of Regulation (EC) No 842/2006.F25... When exercising the power conferred [F26by this paragraph, the appropriate authority] shall take into account relevant existing qualification or certification schemes.
F2713.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2714.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.Nothing in this Article shall prevent [F28the appropriate authority from enabling] further certification and training programmes in respect of equipment other than that referred to in paragraph 1.
[F2916.For the purposes of this Article, a ‘specified state’ means one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.]
Extent Information
E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only
Textual Amendments
F15Words in Art. 10(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, 43(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 10(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, 43(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in Art. 10(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, 43(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 10(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, 43(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 10(6) 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, 43(4); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 10(8) 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, 43(5); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 10(9) 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, 43(5); 2020 c. 1, Sch. 5 para. 1(1)
F22Art. 10(10) 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, 43(6) (as amended by S.I. 2020/1616, regs. 1(2), 2(21)); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 10(10) inserted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 6(2)(a) (with reg. 2 (as amended by S.I. 2023/1294, regs. 1, 14(2)))
F24Words in Art. 10(12) 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, 43(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 10(12) 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, 43(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 10(12) 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, 43(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
F27Art. 10(13)(14) 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, 43(8); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 10(15) 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, 43(9); 2020 c. 1, Sch. 5 para. 1(1)
F29Art. 10(16) inserted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 6(2)(b) (with reg. 2 (as amended by S.I. 2023/1294, regs. 1, 14(2)))
1.[F30The appropriate authority] shall, on the basis of the minimum requirements referred to in paragraph 5, [F31enable the establishment or adaptation of] certification programmes, including evaluation processes. [F30The appropriate authority] shall ensure that training is available for natural persons carrying out the following tasks:
(a)installation, servicing, maintenance, repair or decommissioning of the equipment listed in the points (a) to (f) of Article 4(2);
(b)leak checks of the equipment referred to in points (a) to (e) of Article 4(2), as provided for in Article 4(1);
(c)recovery of fluorinated greenhouse gases as provided for in Article 8(1).
2.[F32The appropriate authority] shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases from air-conditioning equipment in motor vehicles falling within the scope of [F33the Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009] are available, on the basis of the minimum requirements referred to in paragraph 5.
3.The certification programmes and training provided for in paragraphs 1 and 2 shall cover the following:
(a)applicable regulations and technical standards;
(b)emission prevention;
(c)recovery of fluorinated greenhouse gases;
(d)safe handling of equipment of the type and size covered by the certificate;
(e)information on relevant technologies to replace or to reduce the use of fluorinated greenhouse gases and their safe handling.
4.Certificates under the certification programmes provided for in paragraph 1 shall be subject to the condition that the applicant has successfully completed an evaluation process established in accordance with paragraphs 1, 3 and 5.
5.The minimum requirements for certification programmes are those laid down in Regulations (EC) No 303/2008 to (EC) No 306/2008 and under paragraph 12. The minimum requirements for training attestations are those laid down in Regulation (EC) No 307/2008 and under paragraph 12. Those minimum requirements shall specify, for each type of equipment referred to in paragraphs 1 and 2, the required practical skills and theoretical knowledge, where appropriate, differentiating between different activities to be covered, as well as the conditions for mutual recognition of certificates and training attestations.
6.[F34The appropriate authority shall enable the establishment or adaptation of] certification programmes on the basis of the minimum requirements referred to in paragraph 5 for undertakings carrying out installation, servicing, maintenance, repair or decommissioning of the equipment listed in points (a) to (d) of Article 4(2) for other parties.
7.Existing certificates and training attestations issued in accordance with Regulation (EC) No 842/2006 shall remain valid, in accordance with the conditions under which they were originally issued.
8.[F35The appropriate authority] shall ensure that all natural persons holding certificates under certification programmes provided for in paragraphs 1 and 7 have access to information regarding each of the following:
(a)technologies referred to point (e) of paragraph 3; and
(b)existing regulatory requirements for working with equipment containing alternative refrigerants to fluorinated greenhouse gases.
9.[F36The appropriate authority] shall ensure the availability of training for natural persons who wish to update their knowledge in relation to the matters referred to in paragraph 3.
[F3710.Certificates and training attestations issued in any part of the United Kingdom, or issued in a member State in accordance with Article 10 of Regulation (EU) No 517/2014 as it has effect in EU law and as amended from time to time, [F38or certificates and training attestations issued by an EEA EFTA state that are equivalent to those issued in any part of the United Kingdom,] shall be valid in any part of Great Britain.]
11.Any undertaking which assigns a task referred to in paragraph 1 to another undertaking shall take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks pursuant to this Article.
12.In the event that it appears necessary for the purposes of the application of this Article, [F39the appropriate authority shall, by regulations,] adapt and update the minimum requirements as to the skills and knowledge to be covered, specify the modalities of the certification or attestation and the conditions for mutual recognition and repeal acts adopted pursuant to Article 5(1) of Regulation (EC) No 842/2006.F40... When exercising the power conferred [F41by this paragraph, the appropriate authority] shall take into account relevant existing qualification or certification schemes.
F4213.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4214.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.Nothing in this Article shall prevent [F43the appropriate authority from enabling] further certification and training programmes in respect of equipment other than that referred to in paragraph 1.
[F4416.For the purposes of this Article, an ‘EEA EFTA state’ means—
(a)Norway,
(b)Iceland, or
(c)Liechtenstein.]
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only
Textual Amendments
F30Words in Art. 10(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, 43(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F31Words in Art. 10(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, 43(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F32Words in Art. 10(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, 43(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F33Words in Art. 10(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, 43(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F34Words in Art. 10(6) 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, 43(4); 2020 c. 1, Sch. 5 para. 1(1)
F35Words in Art. 10(8) 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, 43(5); 2020 c. 1, Sch. 5 para. 1(1)
F36Words in Art. 10(9) 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, 43(5); 2020 c. 1, Sch. 5 para. 1(1)
F37Art. 10(10) 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, 43(6) (as amended by S.I. 2020/1616, regs. 1(2), 2(21)); 2020 c. 1, Sch. 5 para. 1(1)
F38Words in Art. 10(10) inserted (W.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 4(2)(a)
F39Words in Art. 10(12) 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, 43(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F40Words in Art. 10(12) 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, 43(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F41Words in Art. 10(12) 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, 43(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
F42Art. 10(13)(14) 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, 43(8); 2020 c. 1, Sch. 5 para. 1(1)
F43Words in Art. 10(15) 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, 43(9); 2020 c. 1, Sch. 5 para. 1(1)
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