European Union (Fluorinated Greenhouse Gas) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 658/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2017.

I, DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Regulation (EU) No. 517/20141 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/20062 , hereby make the following Regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the European Union (Fluorinated Greenhouse Gas) Regulations 2016.

(2) The Regulations come into operation on 28 December 2016.

Interpretation

2. (1) In these Regulations—

“Act of 1992” means Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Agency” means the Environmental Protection Agency;

“Authorised Officer” means a person appointed in writing by the Agency;

“Commission” means the Commission of the European Communities;

“Minister” means the Minister for Communications, Climate Action and Environment;

“official translation” means a copy of the original certificate translated as appropriate with a declaration by the person or the company who did the translation that it is a true and accurate translation;

“person” means any natural or legal person;

“premises” includes, any messuage, building, vessel, vehicle, aircraft, container, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;

“record” includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(c) a photograph, and

(d) any reference to a copy of a record includes—

(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied therein,

(ii) in the case of a record to which paragraph (b) applies, a reproduction of the images embodied therein, and

in the case of a record to which sub-paragraphs (a) and (b) apply, such a transcript together with such a reproduction of the images.

“Regulation 517/2014” means Regulation (EU) No. 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006;

“Regulation 1191/2014”3 means Commission Implementing Regulation (EU) No. 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases;

“Regulation 2068/2015”4 means Commission Implementing Regulation (EU) No. 2068/2015 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases;

“Regulation 1497/2007”5 means Commission Regulation (EC) No. 1497/2007 of 18 December 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 gases;

“Regulation 1516/2007”6 means Commission Regulation (EC) No. 1516/2007 of 19 December 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 gases;

“Regulation 2067/2015”7 means Commission Implementing Regulation (EU) No. 2067/2015 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases;

“Regulation 304/2008”8 means Commission Regulation (EC) No. 304/2008 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 companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases;

“Regulation 2066/2015”9 means Commission Implementing Regulation (EU) No. 2066/2015 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear;

“Regulation 306/2008”10 means 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;

“Regulation 307/2008”11 means Commission Regulation (EC) No. 307/2008 of 2 April 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 gases;

“Regulation 2065/2015”12 means Commission Implementing Regulation (EU) No.2065/2015 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States;

“Implementing Regulations” mean any or all of the following: Regulation 1191/2014, Regulation 2068/2015, Regulation 1497/2007, Regulation 1516/2007, Regulation 2067/2015, Regulation 304/2008, Regulation 2066/2015, Regulation 306/2008, Regulation 307/2008 and Regulation 2065/2015;

(2) In these Regulations—

(a) a reference to a Regulation which is not otherwise identified is a reference to a Regulation of these Regulations;

(b) a reference to a Schedule which is not otherwise identified is a reference to a Schedule of these Regulations;

(c) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provisions of these Regulations in which the reference occurs;

(d) a letter, word, phrase or symbol which has been assigned a meaning by the following Regulations has that meaning in these Regulations except where otherwise indicated:

(a) Regulation 517/2014;

(b) Commission Implementing Regulation 1191/2014;

(c) Commission Implementing Regulation 2068/2015;

(d) Commission Regulation 1497/2007;

(e) Commission Regulation 1516/2007;

(f) Commission Implementing Regulation 2067/2015;

(g) Commission Regulation 304/2008;

(h) Commission Implementing Regulation 2066/2015;

(i) Commission Regulation 306/2008;

(j) Commission Regulation 307/2008;

(k) Commission Implementing Regulation 2065/2015.

Objective and Scope

3. (1) These Regulations make provisions necessary for the implementation of Regulation 517/2014 in Ireland.

(2) The objective and subject matter of these Regulations shall be that stated in Article 1 of Regulation 517/2014.

Savings

4. (1) A person shall not be entitled solely by reason of compliance with these Regulations to:

(a) produce, import, export, operate, recover, replace, destroy, recycle, reclaim, use, handle, supply, place on the market or distribute a fluorinated greenhouse gas, or

(b) install, service, maintain, check for leakage, repair, dismantle, destroy or dispose of products or equipment containing a fluorinated greenhouse gas.

User Responsibility

5. (1) Undertakings shall comply with the provisions of Regulation 517/2014, its implementing Regulations, and these Regulations.

(2) Undertakings shall comply with any guidance issued by the Agency under Regulation 9(4) of these Regulations.

(3) Undertakings shall comply with any notice in writing issued to them by the Agency under Regulation 9(5).

Prohibition of Certain Goods

6. Fluorinated greenhouse gases which are prohibited from being imported or exported, or are subject to any restriction on importation or exportation, are deemed to be so prohibited or restricted for the purposes of section 42, 178, 202, 207 and 208 of the Customs Consolidation Act 1876 (39 and 40 Vict., c.36) sections 3 and 5 of the Customs Act 1956 No. 7 of 1956) and sections 6, 7 and 9 of the Customs and Excise (Miscellaneous Provisions) Act 1988 (No. 10 of 1988).

Designation of Competent Bodies

7. (1) The Minister may as appropriate designate a person or persons, or association, or body corporate or statutory body as a certification body for the certification of personnel for the purposes of Article 7 of Regulation 2067/2015, Article 10 of...