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 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
(Text with EEA relevance)
DOWNLOAD THE REGULATIONTHE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (1), and in particular Article 5(1) thereof,
Whereas:
(1) In accordance with Regulation (EC) No 842/2006, it is necessary to lay down requirements concerning the qualification of personnel who, at the site where installations containing certain fluorinated greenhouse gases are in operation, carry out activities which could affect the risk of leakage.
(2) Personnel not yet certified but enrolled in a training course for the purpose of obtaining a certificate should be allowed, in order to acquire the practical skills required for the examination, to carry out activities for which certification is required for a limited period of time, provided that those activities are carried out under the supervision of certified personnel.
(3) Some Member States do not yet have qualification or certification systems in place. A certain period of time should therefore be granted to personnel and companies to obtain a certificate.
(4) In order to avoid unnecessary administrative burdens, it should be possible to establish a certification system on the basis of existing qualification systems, provided that the skills and knowledge covered and the corresponding qualification system are equivalent to the minimum requirements laid down in this Regulation.
(5) An examination is an efficient means of assessing the ability of a candidate to correctly perform operations that could cause leakage, either directly or indirectly.
(6) In order to enable personnel currently working in the sectors covered by this Regulation to undergo training and obtain certification without interrupting their professional activity, an appropriate transitional period should be laid down during which certification would be based on existing qualification systems and on professional experience.
(7) Official evaluation and certification bodies should ensure compliance with the minimum requirements laid down in this Regulation, thereby contributing to effective mutual recognition of certificates throughout the Community.
(8) Mutual recognition should not apply to interim certificates, since in some Member States the conditions for obtaining such certificates may be considerably less stringent than those in force.
(9) Information on the certification system issuing certificates subject to mutual recognition should be notified to the Commission in accordance with the format established by Commission Regulation (EC) No 308/2008 of 2 April 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 States (2). Information on interim certification systems should be notified to the Commission.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18(1) of Regulation (EC) No 2037/2000 of the European Parliament and of the Council (3),
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes the minimum requirements for the certification referred to in Article 5(1) of Regulation (EC) No 842/2006 as regards stationary fire protection systems and fire extinguishers containing certain 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 personnel carrying out the following activities related to fire protection systems:
a) leakage checking of applications containing 3 kg or more of fluorinated greenhouse gases;
b) recovery, including that from fire extinguishers;
c) installation;
d) maintenance or servicing.
2. It shall also apply to companies carrying out the following activities related to fire protection systems:
a) installation;
b) maintenance or servicing.
3. This Regulation shall not apply to manufacturing and repairing activities undertaken at manufacturers’ sites for containers or related components of stationary fire protection systems containing certain fluorinated greenhouse gases.
Article 3
Definitions
For the purposes of this Regulation, the following definitions shall apply:
1) ‘installation’ means the first-time connecting, at its site of use, of one or more containers containing or designed to contain fluorinated greenhouse gases used as extinguishing agents and of the associated components, excluding the components that do not influence the containment of the extinguishing agent before its release for fire-fighting purposes;
2) ‘maintenance or servicing’ means all activities that entail working on containers containing or designed to contain fluorinated greenhouse gases used as extinguishing agents or on the associated components, excluding the components that do not influence the containment of the extinguishing agent before its release for fire-fighting purposes.
Article 4
Certification of personnel
1. Personnel carrying out the activities referred to in Article 2(1) shall hold a certificate as referred to in Article 5 or Article 6.
2. Paragraph 1 shall not apply, for a maximum period of 1 year, to personnel carrying out one of the activities referred to in Article 2(1) who are enrolled in a training course for obtaining a certificate covering the activity in question, provided that the activity is carried out under the supervision of a person holding a certificate covering that activity.
3. Member States may decide that paragraph 1 shall not apply, for a period not extending beyond the date referred to in Article 5(4) of Regulation (EC) No 842/2006, to personnel who were carrying out one or more of the activities referred to in Article 2(1) of this Regulation before the date referred to in Article 5(2) of Regulation (EC) No 842/2006.
For the period referred to in the first subparagraph, such personnel shall be deemed to be certified for those activities for the purposes of Regulation (EC) No 842/2006.
Article 5
Certificates for personnel
1. A certification body as referred to in Article 10 shall issue a certificate to personnel who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 11, covering the minimum skills and knowledge set out in the Annex.
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;
c) the issuing date and the issuer’s signature.
3. Where an examination-based certification system covers the minimum skills and knowledge set out in the Annex and fulfils the requirements of Articles 10 and 11, 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 10 may issue a certificate to the holder of that qualification without repeating the examination.
4. Where an examination-based certification system fulfils the requirements of Articles 10 and 11 and only partly covers the minimum skills set out in the Annex, certification bodies may issue a certificate 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 11.
Article 6
Interim certificates for personnel
1. Member States may apply an interim certification system for the personnel referred to in Article 2(1), in accordance with paragraph 2 or 3, or paragraphs 2 and 3, of this Article.
The interim certificates referred to in paragraphs 2 and 3 shall expire on 4 July 2010 at the latest.
2. Personnel holding an attestation issued under existing qualification systems for the activities referred to in Article 2(1) shall be deemed to hold an interim certificate.
Member States shall identify the attestations giving entitlement to interim certificates for the activities referred to in Article 2(1) which the holder is entitled to carry out.
3. Personnel with professional experience in the activities concerned, acquired before the date referred to in Article 5(2) of Regulation (EC) No 842/2006, shall be issued with an interim certificate by a body designated by the Member State.
The interim certificate shall specify the activities covered and the date of expiry.
Article 7
Certification of companies
1. The companies referred to in Article 2(2) shall hold a certificate as referred to in Article 8 or Article 9.
2. Member States may decide that paragraph 1 shall not apply, for a period not extending beyond the date referred to in Article 5(4) of Regulation (EC) No 842/2006, to companies which were involved in one or more of the activities referred to in Article 2(2) of this Regulation before the date referred to in Article 5(2) of Regulation (EC) No 842/2006.
Article 8
Certificates for companies
1. A certification body as referred to in Article 10 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 personnel certified in accordance with Article 5 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 personnel 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;
c) the issuing date and the issuer’s signature.
Article 9
Interim certificates for companies
1. Member States may apply an interim certification system for the companies referred to in Article 2(2), in accordance with paragraph 2 or 3, or paragraphs 2 and 3, of this Article.
The interim certificates referred to in paragraphs 2 and 3 shall expire on 4 July 2010 at the latest.
2. Companies certified under existing certification systems for the activities referred to in Article 2(2) shall be deemed to hold an interim certificate.
Member States shall identify the attestations giving entitlement to interim certificates for the activities referred to in Article 2(2) which the holder is entitled to carry out.
3. Companies employing personnel holding a certificate for the activities requiring certification for the purposes of Article 2(2) shall be issued with an interim certificate by a body designated by the Member State.
The interim certificate shall specify the activities which the holder is entitled to carry out and the date of expiry.
Article 10
Certification body
1. A certification body shall be provided for by national law or regulation or designated by the competent authority of a Member State or by other entitled entities, and shall be empowered to issue certificates to personnel 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 11
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 personnel referred to in Article 2(1). A certification body established or designated as referred to in Article 10 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 the Annex 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 12
Notification
1. By 4 July 2008, Member States shall notify the Commission of their intention to apply an interim certification system in accordance with Article 6 or Article 9, or both.
2. By 4 January 2009, Member States shall notify the Commission, where appropriate, of the bodies designated to issue interim certificates and of the national provisions adopted under which documents issued by existing certification systems are deemed to be interim certificates.
3. By 4 January 2009, Member States shall notify the Commission, using the format established by Regulation (EC) No 308/2008, of the names and contact details of the certification bodies for personnel and companies referred to in Article 10, and of the titles of the certificates for personnel complying with the requirements of Article 5 and for companies complying with the requirements of Article 8.
4. Member States shall update the notification submitted pursuant to paragraph 3 with relevant new information and shall promptly submit it to the Commission.
Article 13
Conditions for mutual recognition
1. Mutual recognition of certificates issued in other Member States shall apply only to certificates issued in accordance with Article 5 for personnel and Article 8 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 Community.
Article 14
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2008.
For the Commission
Stavros DIMAS
Member of the Commission
(1) OJ L 161, 14.6.2006, p. 1.
(2) See page 28 of this Official Journal.
(3) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Decision 2007/540/EC (OJ L 198, 31.7.2007, p. 35).
ANNEX
Minimum requirements as to the skills and knowledge to be covered by the evaluation bodies
The examination referred to in Article 5(1) and Article 11(2) shall comprise the following:
a) a theoretical test, indicated by the letter T in the ‘Type of test’ column, with one or more questions testing a particular skill or knowledge;
b) a practical test, indicated by the letter P in the ‘Type of test’ column, in which the applicant performs the corresponding task with the necessary material, equipment and tools.
Minimum skills and knowledge
Type of test
1. Have a basic knowledge of the relevant environmental issues (climate change, Kyoto Protocol, global warming potential of fluorinated greenhouse gases)
T
2. Have a basic knowledge of the relevant technical standards
T
3. Have a basic knowledge of the provisions of Regulation (EC) No 842/2006 and of the regulations implementing that Regulation
T
4. Have a good knowledge of the different types of fire protection equipment containing fluorinated greenhouse gases available on the market
T
5. Have a good knowledge of types of valves, actuating mechanisms, safe handling, and the prevention of discharges and leakage
T
6. Have a good knowledge of the equipment and tools needed to handle the substances and to work safely
T
7. Be able to install fire protection system containers designed to contain fluorinated greenhouse gases
P
8. Know the correct procedures for moving pressurised containers containing fluorinated greenhouse gases
T
9. Be able to check the system records before starting a leakage check and identify the relevant information on any recurring issues or problem areas needing attention
T
10. Be able to carry out a visual and manual check of the whole system for leakage in accordance with 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 (1)
P
11. Know environmentally sound practices for the recovery of fluorinated greenhouse gases during the emptying and refilling of fire protection systems
T
(1) OJ L 333, 19.12.2007, p. 4.