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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Article 10E+S+N.I.Training and certification

1.[F1The appropriate authority] shall, on the basis of the minimum requirements referred to in paragraph 5, [F2enable the establishment or adaptation of] certification programmes, including evaluation processes. [F1The 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.[F3The 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 [F4the 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.[F5The 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.[F6The 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.[F7The 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.

[F810.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, [F9or 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, [F10the 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.F11... When exercising the power conferred [F12by this paragraph, the appropriate authority] shall take into account relevant existing qualification or certification schemes.

F1313.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1314.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.Nothing in this Article shall prevent [F14the appropriate authority from enabling] further certification and training programmes in respect of equipment other than that referred to in paragraph 1.

[F1516.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

F1Words 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)

F2Words 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)

F3Words 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)

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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)

F8Art. 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)

F9Words 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)))

F10Words 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)

F11Words 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)

F12Words 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)

F13Art. 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)

F14Words 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)

F15Art. 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)))

Article 10WTraining and certification

1.[F16The appropriate authority] shall, on the basis of the minimum requirements referred to in paragraph 5, [F17enable the establishment or adaptation of] certification programmes, including evaluation processes. [F16The 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.[F18The 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 [F19the 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.

6.[F20The 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.[F21The 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.[F22The 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.

[F2310.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, [F24or 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.]

12.In the event that it appears necessary for the purposes of the application of this Article, [F25the 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.F26... When exercising the power conferred [F27by this paragraph, the appropriate authority] shall take into account relevant existing qualification or certification schemes.

F2813.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2814.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.Nothing in this Article shall prevent [F29the appropriate authority from enabling] further certification and training programmes in respect of equipment other than that referred to in paragraph 1.

[F3016.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

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)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17Words 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)

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)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19Words 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)

F20Words 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)