5.—(1) A person commits an offence if he uses a stationary application, other than an existing fire protection system, which contains 300 kilograms or more of fluorinated greenhouse gases in which has not been installed a leakage detection system.
(2) The operator of a stationary application, other than a fire protection system, which contains 300 kilograms or more of fluorinated greenhouse gases commits an offence if he does not ensure that a leakage detection system installed in the stationary application is checked in accordance with Article 3.3.
(3) The operator of an existing fire protection system commits an offence if he does not ensure that a leakage detection system is fitted to that fire protection system before 4th July 2010.
(4) The operator of a fire protection system which contains 300 kilograms or more of fluorinated greenhouse gases commits an offence if he does not ensure that the leakage detection system fitted to the fire protection system is—
(a)checked at least once every 12 months to ensure that it functions properly, in accordance with Article 3.3; or
(b)inspected as referred to in Article 3.5.
(5) In this regulation, “existing fire protection system” means a fire protection system which—
(a)contains 300 kilograms or more of fluorinated greenhouse gases; and
(b)was fitted before 4th July 2007.