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10.—(1) It is an offence for the operator of the equipment referred to in paragraph (2) to fail to comply with Article 4.1 or 4.4 of the 2006 Regulation (arrangements for recovery of gas).
(2) The equipment is—
(a)the cooling circuit of—
(i)refrigeration equipment,
(ii)air conditioning equipment, or
(iii)heat pump equipment,
(b)equipment containing fluorinated greenhouse gas-based solvents,
(c)a fire protection system,
(d)a fire extinguisher, or
(e)high-voltage switch gear,
which is normally not in transit during operation.
(3) It is an offence for the user of a refillable or a non-refillable fluorinated greenhouse gas container to fail to comply with Article 4.2 or 4.4 of the 2006 Regulation (recovery of gas).
(4) Paragraph (5) applies to—
(a)the operator of any equipment not referred to in paragraph (2), or
(b)the user of any product, other than a gas container referred to in paragraph (3),
which contains a fluorinated greenhouse gas, other than mobile equipment being used for military operations.
(5) Such an operator or user must ensure that any fluorinated greenhouse gas is recovered from the equipment or the product in accordance with Article 4.3 of the 2006 Regulation.
(6) It is an offence for a person to fail to comply with paragraph (5).
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