Article 1Declaration of conformity
1.
Importers and manufacturers of refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons ('equipment') shall draw up the declaration of conformity referred to in Article 14 of Regulation (EU) No 517/2014 using the template set out in Annex I to this Regulation. The declaration of conformity shall be signed by a legal representative of the manufacturer or importer of equipment.
2.
In case of imports of equipment referred to in Article 1, the importer shall ensure that a copy of the declaration of conformity is available to the customs authorities at the time the customs declaration related to the release for free circulation in F1any part of Great Britain is submitted.
3.
A declaration of conformity may only refer to an authorisation referred to in Article 18 of Regulation (EU) No 517/2014 if the authorisation is duly registered in the registry established pursuant to Article 17 of that Regulation.
Article 2Documentation
1.
For any placing on the market, manufacturers of equipment charged with hydrofluorocarbons in F2any part of Great Britain shall keep the following documentation referred to in Article 14 of Regulation (EU) No 517/2014:
(a)
the declaration of conformity;
(b)
a list identifying the equipment, and the type and total quantity in kilograms per type of hydrofluorocarbons contained in the equipment; this list is not required if the manufacturer can prove that the hydrofluorocarbons contained in the equipment were previously placed on the market prior to the charging;
(c)
(d)
where hydrofluorocarbons contained in the equipment are imported and released for free circulation in F2any part of Great Britain by the manufacturer of equipment prior to charging the equipment, the relevant customs documents showing that the quantity of hydrofluorocarbons contained in the equipment has been released for free circulation in F2any part of Great Britain;
(e)
where hydrofluorocarbons contained in the equipment are imported by the manufacturer, but are not released for free circulation in F2any part of Great Britain prior to charging the equipment, proof that the relevant customs procedures for the release for free circulation of the relevant quantities of hydrofluorocarbons are complied with when that equipment is placed on the market;
(f)
where the hydrofluorocarbons contained in the equipment are produced by the manufacturer of equipment and charged in its equipment in F2any part of Great Britain, a document showing the quantity of the hydrofluorocarbons contained in the equipment.
2.
Importers of equipment shall keep the following documentation referred to in Article 14 of Regulation (EU) No 517/2014 for any equipment covered by one customs declaration for release for free circulation in F2any part of Great Britain:
(a)
the declaration of conformity;
(b)
a list identifying the equipment released for free circulation providing the following information:
- (i)
the model information;
- (ii)
the number of units per model;
- (iii)
the identification of the type of hydrofluorocarbons contained in each model;
- (iv)
the quantity of hydrofluorocarbons in each unit rounded to the nearest gram;
- (v)
the total quantity of hydrofluorocarbons in kilograms and in tonnes of CO2 equivalent;
(c)
the customs declaration related to the release for free circulation of the equipment in F2any part of Great Britain;
(d)
Article 3Verification
1.
The independent auditor referred to in the second subparagraph of Article 14(2) of Regulation (EU) No 517/2014 shall verify the following documentation and declaration(s) of conformity of the importer of the equipment:
(a)
consistency of the declaration(s) of conformity and the related documents with the reports submitted pursuant to Article 19 of Regulation (EU) No 517/2014 and Sections 11, 12 and 13 of the Annex to Implementing Regulation (EU) No 1191/2014;
(b)
the accuracy and completeness of the information contained in the declarations of conformity and the related documents on the basis of the undertaking's records of relevant transactions;
(c)
where an importer of equipment refers to an authorisation issued in accordance with Article 18(2) of Regulation (EU) No 517/2014, the availability of sufficient authorisations by comparing data in the registry referred to in Article 17 of Regulation (EU) No 517/2014 with documents evidencing the placing on the market;
(d)
where the hydrofluorocarbons contained in the equipment have been placed on the market in F3any part of Great Britain, subsequently exported and charged into the equipment outside F3any part of Great Britain, the existence of a declaration by the undertaking placing the hydrofluorocarbons on the market in accordance with Article 2(2)(d), covering the relevant quantities.
2.
The independent auditor shall issue a verification document containing its findings following the verification in accordance with paragraph 1. This shall include a statement on the level of accuracy of the relevant documentation and declarations.
Article 4Submission of verification documents
The importer of equipment shall submit the verification document referred to in Article 3(2) of this Regulation F4by submitting to the appropriate regulator by 31 March every year for the preceding calendar year and indicate in the tool the auditor's findings about the level of accuracy of the relevant documentation and declarations.
Article 5Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Articles 1 and 2 shall apply from 1 January 2017 and Articles 3 and 4 shall apply from 1 January 2018.
F5...
Done at Brussels, 2 June 2016.
For the Commission
The President
Jean-Claude Juncker