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3.—(1) No service provider may fill an air conditioning system with fluorinated greenhouse gases where—
(a)an abnormal amount of refrigerant has leaked from that system, and
(b)the necessary repair to the system has not been completed.
(2) In determining whether the amount of refrigerant that has leaked from an air conditioning system is abnormal, regard must be had, in particular, to—
(a)whether a reasonably competent service provider would consider the leak to be abnormal;
(b)any information provided by the manufacturer to the user of the vehicle, in particular information contained in the owner’s manual; and
(c)any requirements as to the design, construction and equipment which were applicable to the vehicle for the purpose of permitting its registration, sale or entry into service as a new vehicle.
(3) In this regulation—
“fluorinated greenhouse gases” has the meaning given by Article 3(5) of Community Directive 2006/40;
“necessary repair” means a repair that removes the cause of the abnormal leak of refrigerant from an air conditioning system;
“refrigerant” means any chemical substance used in an air conditioning system to absorb heat; and
“service provider” means any person who, in the course of business or employment, services or repairs an air conditioning system.
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