Unofficial English version, provided for information purposes only. Only the text published in the Official Journal of the European Union is authentic and legally binding.
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2067
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
(Text with EEA relevance)
DOWNLOAD THE REGULATIONTHE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 10(12) thereof,
Whereas:
(1) Regulation (EU) No 517/2014 contains obligations concerning the certification of companies and natural persons. As regards the certification of natural persons, the equipment covered includes, in contrast to Regulation (EC) No 842/2006 of the European Parliament and of the Council (2), also refrigeration units of refrigerated trucks and trailers. Regulation (EU) No 517/2014 also contains obligations as regards the content of certification programmes, which must include information on relevant technologies to replace or to reduce the use of fluorinated greenhouse gases and their safe handling.
(2) For the purpose of applying Article 10 of Regulation (EU) No 517/2014, it is therefore necessary to update the minimum requirements as regards the scope of activities, as well as the skills and knowledge to be covered, specifying the modalities of certification and the conditions for mutual recognition.
(3) In order to take into account existing qualification and certification systems, in particular those which were adopted on the basis of Regulation (EC) No 842/2006, which has in the meantime been repealed, and the requirements set out in Commission Regulation (EC) No 303/2008 (3), those requirements should, to the extent possible, be incorporated into this Regulation.
(4) Regulation (EC) No 303/2008 should therefore be repealed.
(5) In order to allow Member States time to adapt their certification programmes for natural persons to include activities related to refrigeration units of refrigerated trucks and trailers, the obligation to hold a certificate in accordance with this Regulation as regards activities in relation to refrigeration units of refrigerated trucks and trailers should apply from 1 July 2017.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 24 of Regulation (EU) No 517/2014,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes minimum requirements for the certification of natural persons carrying out the activities referred to in Article 2(1) in relation to refrigeration units of refrigerated trucks and trailers, stationary refrigeration, air conditioning and heat pump equipment containing fluorinated greenhouse gases, and for the certification of companies carrying out the activities referred to in Article 2(2) in relation to stationary refrigeration, air conditioning and heat pump equipment containing fluorinated greenhouse gases, as well as the conditions for mutual recognition of certificates issued in accordance with those requirements.
Article 2
Scope
1. This Regulation shall apply to natural persons carrying out the following activities:
a) leak checks of equipment containing fluorinated greenhouse gases in quantities of 5 tonnes of CO2 equivalent or more and not contained in foams, unless such equipment is hermetically sealed, labelled as such and contains fluorinated greenhouse gases in quantities of less than 10 tonnes of CO2 equivalent;
b) recovery;
c) installation;
d) repair, maintenance or servicing;
e) decommissioning.
2. It shall also apply to companies carrying out the following activities for other parties in relation to stationary refrigeration, air conditioning and heat pump equipment:
a) installation;
b) repair, maintenance or servicing;
c) decommissioning.
3. This Regulation shall not apply to any manufacturing and repairing activities undertaken at manufacturers’ sites for the equipment referred to in Article 1.
Article 3
Certification of natural persons
1. Natural persons carrying out the activities referred to in Article 2(1) shall hold one of the certificates referred to in Article 4 for the corresponding category as set out in paragraph 2 of this Article.
2. Certificates attesting that the holder fulfils the requirements to undertake one or more of the activities referred to in Article 2(1) shall be issued for the following categories of natural persons:
a) Category I certificate holders may carry out all the activities provided for in Article 2(1);
b) Category II certificate holders may carry out the activity referred to in Article 2(1)(a), provided that it does not entail breaking into the refrigeration circuits containing fluorinated greenhouse gases. Category II certificate holders may carry out the activities referred to in Article 2(1)(b), (c), (d) and (e) in respect of the equipment referred to in Article 1 containing less than 3 kg of fluorinated greenhouse gases or, if hermetically sealed systems which are labelled as such, containing less than 6 kg of fluorinated greenhouse gases;
c) Category III certificate holders may carry out the activity referred to in Article 2(1)(b) in respect of the equipment referred to in Article 1 containing less than 3 kg of fluorinated greenhouse gases or, if hermetically sealed systems which are labelled as such, containing less than 6 kg of fluorinated greenhouse gases;
d) Category IV certificate holders may carry out the activity referred to in Article 2(1)(a), provided that it does not entail breaking into the refrigeration circuits containing fluorinated greenhouse gases.
3. Paragraph 1 shall not apply to natural persons undertaking the following activities:
a) brazing or welding of parts of a system or of a piece of equipment in the context of one of the activities referred to in Article 2(1), by persons holding the qualification required under national legislation to carry out such activities, provided that they are supervised by a person holding a certificate covering the relevant activity, who is fully responsible for the correct execution of the activity;
b) recovery of fluorinated greenhouse gases from equipment within the scope of Directive 2012/19/EU of the European Parliament and of the Council (4) with a fluorinated greenhouse gas charge of less than 3 kg and less than 5 tonnes of CO2 equivalent, at establishments covered by a permit in accordance with Article 9(1) and (2) of that Directive, provided that the natural persons are employed by the company holding the permit and hold an attestation of competence, issued by the holder of the permit, certifying completion of a training course on the minimum skills and knowledge corresponding to Category III as set out in Annex I to this Regulation.
4. Natural persons carrying out one of the activities referred to in Article 2(1) shall not be subject to the requirement of paragraph 1 of this Article, provided that they meet the following conditions:
a) they are enrolled in a training course for obtaining a certificate covering the relevant activity; and
b) they carry out the activity under the supervision of a person holding a certificate covering that activity who is fully responsible for the correct execution of the activity.
The derogation provided for in the first subparagraph shall apply for the duration of the periods spent carrying out the activities referred to in Article 2(1), not exceeding 24 months in total.
Article 4
Certificates for natural persons
1. A certification body as referred to in Article 7 shall issue a certificate to natural persons who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 8, covering the minimum skills and knowledge set out in Annex I for the relevant category.
2. The certificate shall contain at least the following:
a) the name of the certification body, the full name of the holder, a certificate number and the date of expiry, if any;
b) the category of certification of natural persons as specified in Article 3(2) and the associated activities which the holder of the certificate is entitled to carry out, specifying, where relevant, the type of equipment concerned;
c) the issuing date and the issuer’s signature.
3. Where an existing examination-based certification system covers the minimum skills and knowledge set out in Annex I for a particular category and fulfils the requirements of Articles 7 and 8, but the related attestation does not contain the elements set out in paragraph 2 of this Article, a certification body as referred to in Article 7 may issue a certificate to the holder of that qualification for the corresponding category without repeating the examination.
4. Where an existing examination-based certification system for natural persons carrying out one or more of the activities referred to in Article 2(1) in relation to refrigeration units of refrigerated trucks and trailers fulfils the requirements of Articles 7 and 8 and only partly covers the minimum skills of a particular category as set out in Annex I, certification bodies may issue a certificate for the corresponding category provided that the applicant passes a supplementary examination of the skills and knowledge not covered by the existing certification, organised by an evaluation body as referred to in Article 8.
Article 5
Certification of companies
The companies referred to in Article 2(2) shall hold a certificate as referred to in Article 6.
Article 6
Certificates for companies
1. A certification body as referred to in Article 7 shall issue a certificate to a company for one or more of the activities referred to in Article 2(2), provided that it fulfils the following requirements:
a) it employs natural persons certified in accordance with Article 3 for the activities requiring certification, in sufficient number to cover the expected volume of activities;
b) it is able to demonstrate that the necessary tools and procedures are available to the natural persons engaged in the activities for which certification is required.
2. The certificate shall contain at least the following:
a) the name of the certification body, the full name of the holder, a certificate number and the date of expiry, if any;
b) the activities which the holder of the certificate is entitled to carry out, also specifying the maximum charge size, expressed in kilograms, of the equipment concerned;
c) the issuing date and the issuer’s signature.
Article 7
Certification body
1. A certification body shall be provided for by national legislation or designated by the competent authority of a Member State or by other entitled entities, and shall be empowered to issue certificates to natural persons or companies involved in one or more of the activities referred to in Article 2.
The certification body shall be independent and impartial in carrying out its activities.
2. The certification body shall establish and apply procedures for the issuing, suspension and withdrawal of certificates.
3. The certification body shall keep records enabling the status of a certified person or company to be verified. The records shall demonstrate that the certification process has been effectively completed. The records shall be kept for a minimum period of 5 years.
Article 8
Evaluation body
1. An evaluation body designated by the competent authority of a Member State or by other entitled entities shall organise examinations for the natural persons referred to in Article 2(1). A certification body established or designated as referred to in Article 7 may also qualify as an evaluation body. The evaluation body shall be independent and impartial in carrying out its activities.
2. Examinations shall be planned and structured in a way which ensures that the minimum skills and knowledge set out in Annex I are covered.
3. The evaluation body shall adopt reporting and record-keeping procedures to enable the documentation of the individual and overall results of the evaluation.
4. The evaluation body shall ensure that examiners assigned to a test have adequate knowledge of the relevant examination methods and examination documents as well as appropriate competence in the field to be examined. It shall also ensure that the necessary equipment, tools and materials are available for the practical tests.
Article 9
Notification
1. By 1 January 2017, Member States shall notify the Commission, using the format established by Commission Implementing Regulation (EU) 2015/2065 (5), of the names and contact details of the certification bodies for natural persons and companies covered by Article 7, and of the titles of the certificates for natural persons complying with the requirements of Article 4 and for companies complying with the requirements of Article 6.
2. Member States shall update the notification submitted pursuant to paragraph 1 with relevant new information and shall promptly submit it to the Commission.
Article 10
Conditions for mutual recognition
1. Mutual recognition of certificates issued in other Member States shall apply only to certificates issued in accordance with Article 4 for natural persons and Article 6 for companies.
2. Member States may require holders of certificates issued in another Member State to provide a translation of the certificate in another official language of the Union.
Article 11
Repeal
Regulation (EC) No 303/2008 is repealed.
References to the repealed Regulation (EC) No 303/2008 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 12
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
However, Article 3(1) shall apply from 1 July 2017 to natural persons carrying out one or more of the activities referred to in Article 2(1) as regards refrigeration units of refrigerated trucks and trailers.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 2015
For the Commission
The President
Jean-Claude JUNCKER
(1) OJ L 150, 20.5.2014, p. 195.
(2) Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (OJ L 161, 14.6.2006, p. 1).
(3) Commission Regulation (EC) No 303/2008 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 refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases (OJ L 92, 3.4.2008, p. 3).
(4) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
(5) Commission Implementing Regulation (EU) 2015/2065 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 (see page 14 of this Official Journal).
ANNEX I
Minimum requirements as to the skills and knowledge to be covered by the evaluation bodies
1. The examination for each of the categories referred to in Article 3(2) shall comprise the following:
a) a theoretical test, indicated by the letter T in the column of the respective category, with one or more questions testing the skill or knowledge concerned;
b) a practical test, indicated by the letter P in the column of the respective category, in which the applicant performs the corresponding task with the necessary material, equipment and tools.
2. The examination shall cover each of the skills and knowledge groups 1, 2, 3, 4, 5, 10 and 11.
3. The examination shall cover at least one of the skills and knowledge groups 6, 7, 8 and 9. The applicant shall not know before the examination which of those four groups will be examined.
4. Where several skills and knowledge boxes correspond to a single box in the category column, this means that not all of those skills and knowledge necessarily have to be assessed in the examination.
CATEGORIES
SKILLS AND KNOWLEDGE
I
II
III
IV
1
Basic thermodynamics
1.01
Know the basic ISO standard units for temperature, pressure, mass, density and energy
T
T
— T
1.02
Understand the basic theory of refrigeration systems: basic thermodynamics (key terms, parameters and processes such as superheat, high side, heat of compression, enthalpy, refrigeration effect, low side, subcooling), properties and thermodynamic transformations of refrigerants, including identification of zeotropic blends and fluid states
T
T
— —
1.03
Use relevant tables and diagrams and interpret them in the context of an indirect leak check (including a check of the good functioning of the system): log p/h diagram, saturation tables of a refrigerant, diagram of a single-compression refrigeration cycle
T
T
— —
1.04
Describe the function of the main components of the system (compressor, evaporator, condenser, thermostatic expansion valves) and the thermodynamic transformations of the refrigerant
T
T
— —
1.05
Know the basic operation of the following components used in a refrigeration system and their role and importance for the prevention and identification of refrigerant leakage: (a) valves (ball valves, diaphragms, globe valves, relief valves); (b) temperature and pressure controls; (c) sight glasses and moisture indicators; (d) defrost controls; (e) system protectors; (f) measuring devices such as multi-scale manifold gauge sets; (g) oil control systems; (h) receivers; (i) liquid and oil separators
— —
— 1.06
Know the specific behaviour, physical parameters, solutions, systems and deviations of alternative refrigerants in the refrigeration cycle, and the components for their use
T
T
T
T
2
Environmental impact of refrigerants and corresponding environmental regulations
2.01
Have a basic knowledge of EU and international climate change policy, including the United Nations Framework Convention on Climate Change
T
T
T
T
2.02
Have a basic knowledge of the concept of global warming potential (GWP), the use of fluorinated greenhouse gases and other substances as refrigerants, the impact of fluorinated greenhouse gas emissions on the climate (order of magnitude of their GWP), and the relevant provisions of Regulation (EU) No 517/2014 and of the relevant implementing regulations
T
T
T
T
3
Checks to be carried out before putting the equipment into operation, after a long period of non-use, after maintenance or repair, or during operation
3.01
Carry out a pressure test to check the strength of the system
P
P
— —
3.02
Carry out a pressure test to check the tightness of the system
3.03
Use a vacuum pump
3.04
Evacuate the system to remove air and moisture according to standard practice
3.05
Enter the data in the equipment record and draw up a report on the tests and checks carried out during the inspection
T
T
— —
4
Leak checks
4.01
Know the potential leakage points of refrigeration, air conditioning and heat pump equipment
T
T
— T
4.02
Check the records of the equipment before starting a leak check and identify the relevant information on any recurring issues or problem areas needing particular attention
T
T
— T
4.03
Carry out a visual and manual inspection of the whole system in accordance with Commission Regulation (EC) No 1516/2007 (1)
P
P
— P
4.04
Carry out a leak check of the system using an indirect measuring method in accordance with Regulation (EC) No 1516/2007 and the instruction manual of the system
P
P
— P
4.05
Use portable measuring instruments such as gauge sets, thermometers and multimeters for Volt/Amp/Ohm in the context of indirect measuring methods for leak checking, and interpret the measured values
P
P
— P
4.06
Carry out a leak check of the system using one of the direct measuring methods in accordance with Regulation (EC) No 1516/2007
P
— —
— 4.07
Carry out a leak check of the system using one of the direct measuring methods not entailing breaking into the refrigeration circuit, as referred to in Regulation (EC) No 1516/2007
— P
— P
4.08
Use an electronic leak detection device
P
P
— P
4.09
Fill in the equipment record
T
T
— T
5
Environmentally sound handling of the system and the refrigerant during installation, maintenance, servicing or recovery
5.01
Connect and disconnect gauges and lines with minimal emissions
P
P
— —
5.02
Empty and fill a refrigerant cylinder in both liquid and vapour states
P
P
P
— 5.03
Use a refrigerant recovery set, connecting and disconnecting it with minimal emissions
P
P
P
— 5.04
Drain oil contaminated with fluorinated gases from the system
P
P
P
— 5.05
Identify the state of the refrigerant (liquid, vapour) and its condition (subcooled, saturated or superheated) prior to charging, in order to choose the correct charging method and volume. Fill the system with refrigerant (in both liquid and vapour phase) without loss
P
P
— —
5.06
Select the correct type of scales and use them to weigh refrigerant
P
P
P
— 5.07
Fill in the equipment record with all the relevant information on the refrigerant recovered or added
T
T
— —
5.08
Know the requirements and procedures for the handling, reuse, reclamation, storage and transport of contaminated refrigerants and oils
T
T
T
— 6
Component: installation, putting into operation and maintenance of reciprocating, screw and scroll compressors, single-stage and two-stage
6.01
Explain the basic functioning of a compressor (including capacity control and lubricating system) and the associated risks of refrigerant leakage or release
T
T
— —
6.02
Install a compressor correctly, including the control and safety equipment, so that no leakage or release occurs once the system has been put into operation
P
P
— —
6.03
Adjust the safety and control switches
P
— —
— 6.04
Adjust the suction and discharge valves
6.05
Check the oil-return system
6.06
Start up and shut down a compressor and check that it is in good working condition, including by taking measurements during operation
P
P
— —
6.07
Write a report on the condition of the compressor which identifies any problems in its functioning which could damage the system and, in the long term, lead to leakage or release of refrigerant if no action is taken
T
T
— —
7
Component: installation, putting into operation and maintenance of air-cooled and water-cooled condensers
7.01
Explain the basic functioning of a condenser and the associated risks of leakage
T
T
— —
7.02
Adjust the discharge pressure control of a condenser
P
— —
— 7.03
Install a condenser/outdoor unit correctly, including the control and safety equipment, so that no leakage or release occurs once the system has been put into operation
P
P
— —
7.04
Adjust the safety and control switches
P
— —
— 7.05
Check the discharge and liquid lines
7.06
Purge non-condensable gases from the condenser using a refrigeration system purging device
P
— —
— 7.07
Start up and shut down a condenser and check that it is in good working condition, including by taking measurements during operation
P
P
— —
7.08
Check the surface of the condenser
P
P
— —
7.09
Write a report on the condition of the condenser which identifies any problems in its functioning which could damage the system and, in the long term, lead to leakage or release of refrigerant if no action is taken
T
T
— —
8
Component: installation, putting into operation and maintenance of air-cooled and water-cooled evaporators
8.01
Explain the basic functioning of an evaporator (including the defrosting system) and the associated risks of leakage
T
T
— —
8.02
Adjust the evaporating pressure control of an evaporator
P
— —
— 8.03
Install an evaporator correctly, including the control and safety equipment, so that no leakage or release occurs once the system has been put into operation
P
P
— —
8.04
Adjust the safety and control switches
P
— —
— 8.05
Check that the liquid and suction pipes are in the correct position
8.06
Check the hot gas defrost line
8.07
Adjust the evaporating pressure regulating valve
8.08
Start up and shut down an evaporator and check that it is in good working condition, including by taking measurements during operation
P
P
— —
8.09
Check the surface of the evaporator
P
P
— —
8.10
Write a report on the condition of the evaporator which identifies any problems in its functioning which could damage the system and, in the long term, lead to leakage or release of refrigerant if no action is taken
T
T
— —
9
Component: installation, putting into operation and servicing of thermostatic expansion valves and other components
9.01
Explain the basic functioning of the various kinds of expansion regulators (thermostatic expansion valves, capillary tubes) and the associated risks of leakage
T
T
— —
9.02
Install valves in the correct position
P
— —
— 9.03
Adjust a mechanical and electronic thermostatic expansion valve
P
— —
— 9.04
Adjust a mechanical and electronic thermostat
9.05
Adjust a pressure-operated valve
9.06
Adjust a mechanical and electronic pressure limiter
9.07
Check the functioning of an oil separator
P
— —
— 9.08
Check the condition of a filter drier
9.09
Write a report on the condition of these components which identifies any problems in their functioning which could damage the system and, in the long term, lead to leakage or release of refrigerant if no action is taken
T
— —
— 10
Piping: build a leak-tight piping system in a refrigeration installation
10.01
Make leak-tight welded and brazed joints on metal tubes, pipes and components used in refrigeration, air conditioning or heat pump systems
P
P
— —
10.02
Make and check supports for pipes and components
P
P
— —
11
Information about relevant technologies to replace or to reduce the use of fluorinated greenhouse gases and their safe handling
11.01
Know the relevant alternative technologies to replace or reduce the use of fluorinated greenhouse gases and how to handle them safely.
T
T
T
T
11.02
Know the relevant system designs to reduce the charge size of fluorinated greenhouse gases and to increase energy efficiency
T
T
— —
11.03
Know the relevant safety regulations and standards for the use, storage and transport of flammable or toxic refrigerants or of refrigerants requiring a higher operating pressure
T
T
— —
11.04
Understand the respective advantages and disadvantages, in particular with reference to energy efficiency, of alternative refrigerants according to the intended application and the climatic conditions of different regions
T
T
— —
(1) 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 (OJ L 335, 20.12.2007, p. 10).