Commission Regulation (EC) No 306/2008Dangos y teitl llawn

Commission Regulation (EC) No 306/2008

of 2 April 2008

establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases(1), and in particular Article 5(1) thereof,

Whereas:

(1) For the purposes of the requirements of Regulation (EC) No 842/2006, it is necessary to lay down rules on the qualification of personnel carrying out activities, on equipment containing certain fluorinated greenhouse gases, which can potentially cause leakage.

(2) Personnel not yet certified but enrolled in a training course for the purpose of obtaining a certificate should be, for a limited time, allowed to undertake activities for which such certification is required to gain the practical skills needed for the examination, provided that they are supervised by certified personnel.

(3) A number of Member States do not currently have qualification or certification systems in place. A limited period should therefore be allowed for personnel to obtain a certificate.

(4) For the purpose of avoiding undue administrative burden, it should be allowed to build a certification system on existing qualification schemes provided that the skills and knowledge covered and the relevant qualification system are equivalent to the minimum standards envisaged by this Regulation.

(5) Entities manufacturing or operating equipment containing fluorinated greenhouse gas based solvents could be designated as evaluation or certification bodies, or both, provided that they fulfil the relevant requirements.

(6) In order to avoid unnecessary administrative costs, a Member State, in which currently no fluorinated greenhouse gas-based solvents are used, should be entitled not to establish the full certification system, provided the Member State makes the necessary arrangement to ensure that certificates could be issued without undue delays in case they might be requested in future, therefore not creating undue market entry barriers.

(7) Examination is an effective means of testing the ability of a candidate to carry out properly the actions which can directly cause leakage, as well as those that can indirectly cause leakage.

(8) Officially designated evaluation and certification bodies should ensure compliance with the minimum requirements set out in this Regulation and thereby contribute to the effective and efficient mutual recognition of certificates throughout the Community.

(9) Information on the certification system issuing certificates subject to mutual recognition should be notified to the Commission in the format established by Commission Regulation (EC) No 308/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States(2).

(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council(3),

HAS ADOPTED THIS REGULATION:

Article 1 U.K. Subject matter and scope

This Regulation establishes minimum requirements for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment as well as the conditions for mutual recognition of certificates issued in accordance with those requirements.

Article 2 U.K. Certification of personnel

1. Personnel carrying out the activity referred to in Article 1 shall hold a certificate [X1 as referred to in Article 3.]

2. Paragraph 1 shall not apply for a maximum period of 1 year to personnel enrolled in a training course for the purpose of obtaining a certificate provided that they carry out the activity under the supervision of a person holding a certificate.

F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment (Official Journal of the European Union L 92 of 3 April 2008).

Textual Amendments

F1 Art. 2(3) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Issuance of certificates to personnel

1. A certification body as referred to in Article 4 shall issue a certificate to personnel who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 5, covering the minimum skills and knowledge set out in the Annex.

2. The certificate shall contain at least the following:

(a) the name of the certification body, the full name of the holder, a certificate number, and the date of expiry if any;

(b) the activity which the holder of the certificate is entitled to perform;

(c) issuing date and issuer’s signature.

3. Where an existing examination-based certification system covers the minimum skills and knowledge set out in the Annex and meets the requirements of Articles 4 and 5, but the related attestation does not contain the elements laid down in paragraph 2 of this Article, a certification body referred to in Article 4 may issue a certificate to the holder of this qualification without repeating examination.

4. Where an existing examination based certification system meets the requirements of Articles 4 and 5 and partially covers the minimum skills as set out in the Annex, certification bodies may issue a certificate provided that the applicant passes a supplementary examination, of the skills and knowledge not covered by the existing certification, organised by an evaluation body referred to in Article 5.

Article 4 U.K. Certification body

1. A certification body shall be provided for by a national law or regulation, or F2 ... allowed to issue certificates to personnel involved in the activity referred to in Article 1.

The certification body shall be impartial in carrying out its activities.

2. The certification body shall establish and apply procedures for the issuance, suspending and withdrawing of certificates.

3. The certification body shall maintain records that allow verifying the status of a certified person. The records shall demonstrate that the certification process has been effectively fulfilled. Records shall be kept for a minimum period of 5 years.

Textual Amendments

F2 Words in Art. 4(1) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Evaluation body

1. An evaluation body F3 ... shall organise examinations for the personnel referred to in Article 1. A certification body as referred to in Article 4 may also qualify as an evaluation body.

The evaluation body shall be impartial in carrying out its activities.

2. Examinations shall be planned and structured in a manner which ensures that the minimum skills and knowledge set out in the Annex are covered.

3. The evaluation body shall adopt reporting procedures and keep records to enable the documentation of the individual and overall results of the evaluation.

4. The evaluation body shall ensure that examiners assigned to a test have due knowledge of the relevant examination methods and examination documents as well as an appropriate competence in the field to be examined. It shall also ensure that the necessary equipment, tools and materials are available for the practical tests.

Textual Amendments

F3 Words in Art. 5(1) omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Article 6 U.K. Notification

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 6 omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Conditions for F5 ... recognition

1. [F6 Recognition] of certificates issued in [F7 European Union] Member States shall apply to certificates issued in accordance with Article 3.

2. [F8 Holders of certificates may be required] to provide a translation of the certificate in [F9 English].

Textual Amendments

F5 Word in Art. 7 heading omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 7(1) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 7(1) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 7(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 7(2) substituted (31.12.2020) by The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

F10 ...

Textual Amendments

F10 Words in Signature omitted (31.12.2020) by virtue of The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/583), regs. 1, 64(7); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX U.K.

Minimum requirements as to the skills and knowledge to be covered by the evaluation bodies

The examination referred to in Articles 3(1) and 5(2) shall comprise the following: (a) a theoretical test with one or more questions testing that skill or knowledge, as indicated in the column ‘Test type’ by (T); (b) a practical test where the applicant shall perform the corresponding task with the relevant material, tools and equipment, as indicated in the column ‘Test type’ by (P).
No	Minimum knowledge and skills	Test type
1.	Basic knowledge of relevant environment issues (climate change, Kyoto Protocol, Global Warming Potential), the relevant provisions of Regulation (EC) No 842/2006 and of the relevant Regulations implementing provisions of Regulation (EC) No 842/2006	T
2.	Physical, chemical and environmental characteristics of fluorinated greenhouse gases used as solvents	T
3.	Use of fluorinated greenhouse gases as solvents	T
4.	Recovery of fluorinated greenhouse gas-based solvents	P
5.	Storage and transportation of fluorinated greenhouse gas-based solvents	T
6.	Operation of recovery equipment in relation to equipment containing fluorinated greenhouse gas-based solvents	P

(1)

OJ L 161, 14.6.2006, p. 1.

(2)

See page 28 of this Official Journal.

(3)

OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Decision 2007/540/EC (OJ L 198, 31.7.2007, p. 35).