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The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

Status:

This is the original version (as it was originally made).

CHAPTER 4

Fluorinated greenhouse gas-based solvents

Fluorinated greenhouse gas-based solvents certification and evaluation bodies

33.—(1) The Department may appoint such person, and on such terms, as the Department thinks fit to be—

(a)the certification body for the purposes of Commission Regulation 306/2008;

(b)the evaluation body for the purposes of that Regulation.

(2) The certification body and the evaluation body may be the same body or person.

(3) A person appointed as the certification body must comply with Articles 3.1, 3.2, 4.1 second paragraph, 4.2, and 4.3 of that Regulation (issue of certificates and obligations of certification bodies).

(4) A person appointed as the evaluation body must comply with Article 5 of that Regulation (obligations of evaluation bodies).

Qualification of individuals relating to fluorinated greenhouse gas-based solvents

34.—(1) Subject to paragraphs (2) and (3), and regulation 35, an individual commits an offence if that individual—

(a)recovers fluorinated greenhouse gas-based solvents from equipment; but

(b)does not hold a solvents qualification in contravention of Article 2.1 of Commission Regulation 306/2008.

(2) Paragraph (1) does not apply to an individual who—

(a)is enrolled on a training course for the purpose of obtaining a solvents qualification; and

(b)recovers fluorinated greenhouse gas-based solvents from equipment under the supervision of an individual who does hold such a qualification,

for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(3) Up to and including 3rd July 2009, paragraph (1) does not apply to an individual who carried out work referred to in paragraph (1)(a) before 4th July 2008 without supervision.

(4) In this regulation, “solvents qualification” means a valid certificate issued by a certification body under Article 3 of Commission Regulation 306/2008.

Certificates relating to fluorinated greenhouse gas-based solvents issued in EEA states and in Great Britain

35.—(1) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body in an EEA State other than the United Kingdom may recover fluorinated greenhouse gas-based solvents from equipment if—

(a)the certificate is written in English; or

(b)the person also holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body appointed under legislation in operation in Great Britain may recover fluorinated greenhouse gas-based solvents from equipment.

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