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6.—(1) It is an offence for a qualified person to fail to comply with Article 3, 4, 5, 6, 7.1, 7.2 or 9 of Commission Regulation 1516/2007 (checks of records and equipment, measuring methods and follow-up checks).
(2) It is an offence for the operator of stationary equipment to fail to ensure that—
(a)a repair, a pump-down or recovery referred to in Article 8.1 of Commission Regulation 1516/2007 is carried out,
(b)Article 8.2 or 8.3 of Commission Regulation 1516/2007 (leakage tests and identification of cause) is complied with, or
(c)a check of newly installed equipment under Article 10 of Commission Regulation 1516/2007 is carried out,
by a qualified person.
(3) In this regulation—
(a)“stationary equipment” means stationary refrigeration, air conditioning or heat pump equipment which contains 3 kilograms or more of fluorinated greenhouse gases; and
(b)“a qualified person” means an individual who—
(i)holds a valid certificate issued under Article 5 of Commission Regulation 303/2008 which relates to leakage checking of stationary equipment, or
(ii)is exempt from holding such a certificate by virtue of regulation 20(3), (4), (6), or (7).
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