EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations give effect to Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases36 (“the Council Regulation”). The term “fluorinated greenhouse gases” is defined in Article 2(1) of the Council Regulation. These Regulations also give effect to the following Commission Regulations—
(a)
Commission Regulation (EC) No 1493/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for the report to be submitted by producers and exporters of certain fluorinated greenhouse gases, and those who place them on the market37;
(b)
Commission Regulation (EC) No 1494/2007 establishing, pursuant to Regulation EC No 842/2006 of the European Parliament and of the Council, the form of labels and additional labelling requirements as regards products and equipment containing certain fluorinated greenhouse gases38;
(c)
Commission Regulation No 1497/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases39;
(d)
Commission Regulation (EC) No 1516/2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases40;
(e)
Commission Regulation (EC) No 303/2008 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 companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases41;
(f)
Commission Regulation (EC) No 304/2008 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 companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases42;
(g)
Commission Regulation (EC) No 305/2008 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 gases from high-voltage switchgear43;
(h)
Commission Regulation (EC) No 306/2008 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 equipment44;
(i)
Commission Regulation (EC) No 307/2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases45; and
(j)
Commission Regulation 308/2008 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 States46.

The main provisions of the Regulations are as follows.

Regulation 3 appoints the Department as the competent authority for the purposes of the Council Regulation, other than as that Regulation applies to importation into Northern Ireland from outside the customs territory of the Community.

Part 2 of the Regulations (regulations 4 to 15) contains provisions which create offences for breaches of the provisions of the Council Regulation and the Commission Regulations.

Regulations 4 to 7 create a number of offences for failure to comply with the provisions of the Council Regulation relating to the operation and leakage checking of certain equipment containing fluorinated greenhouse gases. Regulation 8 creates a number of offences for failure to comply with the provisions of the 2006 Regulation and of some of the Commission Regulations relating to the keeping of records.

Regulation 9 creates a number of offences for failure to comply with the provisions of the 2006 Regulation relating to the recovery of fluorinated greenhouse gases. Regulation 10 makes it an offence to take delivery of fluorinated greenhouse gases in breach of the provisions of the Council Regulation and regulation 11 makes it an offence to fail to comply with the reporting requirements of Article 6 of the Council Regulation.

Regulation 12 creates offences relating to the labelling of a product or equipment which contains fluorinated greenhouse gases. Regulation 13 contains provisions about the information concerning fluorinated greenhouse gases which must be included in instruction manuals relating to certain equipment placed on the market. (The term “placing on the market” is defined in regulation 2(1)(t)).

Regulation 14 makes it an offence to use sulphur hexafluoride contrary to Article 8 of the Council Regulation. Regulation 15 is concerned with the unlawful placing on the market of fluorinated greenhouse gases.

Part 3 of the Regulations (regulations 16 to 41) gives further effect to some of the Commission Regulations and is concerned with the appointment of certification, attestation and evaluation bodies and the qualifications and certificates to be held by individuals and companies to enable them to carry out various activities relating to certain equipment containing fluorinated greenhouse gases. It is an offence to carry out certain activities without the requisite qualification or certificate. It is also an offence on the part of certification, attestation and evaluation bodies to fail to comply, or ensure compliance with, certain provisions of the Commission Regulations.

Chapter 1 of Part 3 (regulations 16 to 22) relates to stationary refrigeration, air conditioning and heat pump equipment. Chapter 2 (regulations 23 to 29) relates to fire protection systems and fire extinguishers. Chapter 3 (regulations 30 to 32) relates to high-voltage switch gear and Chapter 4 (regulations 33 to 35) relates to fluorinated greenhouse gas-based solvents. Chapter 5 (regulations 36 to 38) is concerned with air conditioning systems in motor vehicles. Chapter 6 (regulations 39 to 41) contains provisions imposing obligations on employers relating to the employment of qualified personnel and transitional provisions relating to training records. Chapter 6 also imposes obligations on certification, attestation and evaluation bodies.

Part 4 of the Regulations (regulations 42 to 52) contains provisions relating to enforcement, offences and penalties. Regulations 42 and 43 relate to the appointment and powers of persons to enforce the Regulations. Such persons are appointed by the enforcing authority. (The term “enforcing authority” is defined in regulation 2(3)).

Regulations 44 and 45 are concerned with enforcement and prohibition notices and appeals against such notices. A number of miscellaneous offences are created by regulation 47. Regulation 49 sets out the penalties to which a person is liable if that person commits an offence.

Regulation 50 contains provisions enabling a penalty notice to be issued in respect of an offence under regulation 4 relating to certain equipment in a dwelling house. The payment of the penalty in accordance with the regulation will discharge the liability to conviction for the offence. The form of the penalty notice is set out in Schedule 3.

Regulation 51 sets out those responsible for enforcement of the Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business is available from the Department of the Environment, Calvert House, 23 Castle Place, Belfast BT1 1FY.