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9.—(1) The operator of the equipment referred to in paragraph (2) commits an offence if the operator fails to comply with Articles 4.1 and 4.4.
(2) The equipment is—
(a)the cooling circuit of—
(i)refrigeration equipment,
(ii)air-conditioning equipment, and
(iii)heat pump equipment;
(b)equipment containing fluorinated greenhouse gas based solvents;
(c)a fire protection system;
(d)a fire extinguisher; and
(e)high-voltage switch gear,
which is not normally in transit during operation.
(3) The user of a refillable or a non-refillable fluorinated greenhouse gas container commits an offence if the user fails to comply with Article 4.2 and 4.4.
(4) Paragraph 5 applies to—
(a)the operator of any equipment containing a fluorinated greenhouse gas other than—
(i)equipment referred to in paragraph (2), and
(ii)mobile equipment used in military operations; and
(b)the user of any product containing a fluorinated greenhouse gas, other than a gas container referred to in paragraph (3).
(5) A person to whom this paragraph applies must ensure that any fluorinated greenhouse gas is recovered from the equipment or the product in accordance with Article 4.3.
(6) A person commits an offence if that person fails to comply with paragraph (5).
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