The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

CHAPTER 1N.I.Stationary refrigeration, air conditioning and heat pump equipment

City and Guilds of London Institute and the Construction Industry Training Board as certification and evaluation bodiesN.I.

16.—(1) The certification and evaluation bodies for the purposes of Article 5 of Commission Regulation 303/2008 (issue and content of certificates) are—

(a)City and Guilds of London Institute(1); and

(b)the Construction Industry Training Board(2).

(2) The City and Guilds of London Institute and the Construction Industry Training Board must—

(a)comply with Articles 5.1, 5.2, 10.1 second paragraph, 10.2, 10.3, 11.1, 11.3 and 11.4 (activities and obligations of certification and evaluation bodies) of that Regulation; and

(b)ensure compliance with Article 11.2 of that Regulation (planning and structure of examinations).

Qualifications of individuals relating to certain stationary equipmentN.I.

17.—(1) Subject to paragraphs (4) to (7) and regulation 22, an individual commits an offence if that individual—

(a)carries out an activity referred to in paragraph (2) relating to stationary refrigeration, air conditioning and heat pump equipment; but

(b)does not hold a stationary equipment qualification in contravention of Article 4.1 of Commission Regulation 303/2008.

(2) The activities are—

(a)leakage checking of equipment containing—

(i)3 kilograms or more of fluorinated greenhouse gases, and

(ii)6 kilograms or more of fluorinated greenhouse gases with hermetically sealed systems, which are labelled as such;

(b)the recovery of fluorinated greenhouse gases;

(c)installation; and

(d)maintenance or servicing,

but not an exempt activity.

(3) Schedule 1 sets out the Category I, Category II, Category III and Category IV certificates for the purposes of Article 4.2 of Commission Regulation 303/2008.

(4) Paragraph (1) does not apply to an individual who—

(a)is enrolled on a training course for the purpose of obtaining a stationary equipment qualification in respect of an activity referred to in paragraph (2), and

(b)carries out that activity under the supervision of an individual who does hold a stationary equipment qualification in respect of the activity in question,

for a period of two years from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(5) Up to and including 3^rd July 2009, paragraph (1) does not apply, as regards any of the activities referred to in paragraph (6), to an individual who carried out the activity in question before 4^th July 2008 without supervision.

(6) The activities are—

(a)the recovery of fluorinated greenhouse gases;

(b)installation; and

(c)maintenance or servicing,

in relation to refrigeration, air conditioning and heat pump equipment containing less than 3 kilograms of fluorinated greenhouse gases.

(7) Paragraph (1) does not apply to an individual who—

(a)holds an interim certificate issued under Article 6.3; or

(b)is deemed to hold an interim certificate under Article 6.2,

of Commission Regulation 303/2008 in respect of an activity referred to in paragraph (2) and who carries out the activity in question.

(8) Paragraph (1) does not apply to an individual who—

(a)undertakes brazing, soldering or welding in connection with an activity referred to in paragraph (2) under the supervision of an individual qualified to carry out that activity by virtue of being the holder of a relevant qualification or being a deemed holder of an interim certificate under Article 6.2 of Commission Regulation 303/2008; and

(b)is suitably qualified for the purposes of paragraph 3.1.2 of Schedule 2 to the Pressure Equipment Regulations 1999(3).

(9) In this regulation—

(a)“exempt activity” means a manufacturing or repair activity undertaken at the site of the manufacturer of stationary refrigeration, air conditioning or heat pump equipment containing fluorinated greenhouse gases;

(b)“stationary equipment qualification” means a valid certificate issued by the City and Guilds of London Institute or by the Construction Industry Training Board under Article 5.1, 5.3 or 5.4 of Commission Regulation 303/2008;

(c)“installation” and “maintenance or servicing” have the same meanings given in Article 3 of Commission Regulation 303/2008; and

(d)“relevant qualification” means—

(i)a stationary equipment qualification, or

(ii)an interim certificate issued under Article 6.3 of Commission Regulation 303/2008.

Interim stationary equipment certificates for individuals – stationary equipmentN.I.

18.—(1) For the purposes of Article 6.1 and 6.2 of Commission Regulation 303/2008, an individual who holds an interim qualification before the date of the coming into operation of these Regulations is the holder of an interim certificate as regards the activity referred to in regulation 17(2) to which the interim qualification relates.

(2) The interim qualification for the activities to which a Category I certificate relates is one of the qualifications referred to in Part 1 of Schedule 2.

(3) The interim qualification for the activities to which a Category II certificate relates is—

(a)one of the qualifications referred to in Part 1 of Schedule 2; or

(b)an in-house qualification.

(4) The interim qualification for which the activities to which a Category III certificate relates is an in-house qualification.

(5) The certification body for the purposes of Article 6.3 of Commission Regulation 303/2008 (issue and contents of interim certificates) is the Domestic Appliance Service Association(4).

(6) The Domestic Appliance Service Association must comply with Article 6.3 of that Regulation.

Certification bodies for companies – stationary equipmentN.I.

19.—(1) The Department may appoint such person, and on such terms, as the Department thinks fit to be the certification body for the purposes of Article 8 of Commission Regulation 303/2008 (issue and contents of company certificates).

(2) A person so appointed must comply with Articles 8, 10.1 second paragraph, 10.2 and 10.3 of that regulation (obligations on a certification body).

Certificates for companies – stationary equipmentN.I.

20.—(1) Subject to paragraph (2) and regulation 22, a company commits an offence if it—

(a)carries out —

(i)installation, or

(ii)maintenance or servicing,

in respect of stationary refrigeration, air conditioning and heat pump equipment; but

(b)does not hold a stationary equipment company certificate or an interim certificate,

in contravention of Article 7.1 of Commission Regulation 303/2008.

(2) Up to and including 3^rd July 2009, paragraph (1) does not apply, as regards an activity referred to in paragraph (1)(a), to a company which carried out the activity in question before 4^th July 2008.

(3) A company commits an offence if it knowingly or recklessly provides Article 8.1 information which is false or misleading in any material particular for the purposes of obtaining a stationary equipment qualification company certificate.

(4) In this regulation—

(a)“Article 8.1 information” means information relating to the matters referred to in Article 8.1 (a) and (b) of Commission Regulation 303/2008;

(b)“stationary equipment qualification company certificate” means a valid certificate issued under Article 8 of the Commission Regulation 303/2008;

(c)“installation” has the meaning given in Article 3 of Commission Regulation 303/2008;

(d)“interim certificate” means a certificate issued under Article 9.3 of Commission Regulation 303/2008; and

(e)“maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 303/2008.

Interim company certificates – stationary equipmentN.I.

21.—(1) The Department may appoint such person, and on such terms, as the Department thinks fit to be the certification body for the purposes of Article 9.3 of Commission Regulation 303/2008 (issue and contents of interim company certificates).

(2) A person so appointed must comply with Articles 9, 10.1 second paragraph, 10.2 and 10.3 of that Regulation (obligations on a certification body).

Certificates relating to certain stationary equipment issued in other EEA states and Great BritainN.I.

22.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 303/2008 by a certification body in an EEA State other than the United Kingdom in respect of an activity mentioned in regulation 17(1)(a) may carry out that activity if—

(a)the certificate is written in English; or

(b)the person also holds a translation of the certificate in English.

(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 303/2008 by a certification body appointed under legislation in force in Great Britain in respect of an activity mentioned in regulation 17(1)(a) may carry out that activity.