FantasticSearch

1. The intentional release of fluorinated greenhouse gases into the atmosphere shall be prohibited where the release is not technically necessary for the intended use. If an intentional release is technically necessary for the intended use, operators of equipment that contains fluorinated greenhouse gases or of facilities where fluorinated greenhouse gases are used shall take all measures that are technically and economically feasible to prevent, to the extent possible, their release into the atmosphere, including by recapturing the gases emitted.

2. In the case of fumigation with sulfuryl fluoride, operators shall document the use of capturing and collection measures or specify the reasons for which capturing and collection measures were not technically or economically feasible. Operators shall keep the supporting evidence for 5 years and make it available, upon request, to the competent authority of the Member State concerned or to the Commission.

3. Operators and manufacturers of equipment that contains fluorinated greenhouse gases or operators of facilities where fluorinated greenhouse gases are used, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases.

4. During the production, storage, transport and transfer of fluorinated greenhouse gases from one container or system to another, to equipment or to a facility, the undertaking concerned shall take all necessary precautions to limit release of fluorinated greenhouse gases to the greatest extent possible. This paragraph shall also apply where fluorinated greenhouse gases are produced as by-products.

5. Where a leakage of fluorinated greenhouse gases is detected, the operators and manufacturers of equipment and the operators of facilities where fluorinated greenhouse gases are used, and the undertakings in possession of such equipment during its transport or storage, shall ensure that the equipment or facility where fluorinated greenhouse gases are used is repaired without undue delay. Where the equipment is subject to leak checks under Article 5(1) and a leak in the equipment has been repaired, the operators of the equipment shall ensure that the equipment is checked by a natural person who is certified in accordance with Article 10 at the earliest after an operating time of 24 hours has elapsed but not later than 1 month after the repair to verify that the repair has been effective. For mobile equipment listed in Article 5(3), points (a), (b) and (c), a leak check may be carried out directly after a repair.

6. Without prejudice to Article 11(1), first subparagraph, the placing on the market of fluorinated greenhouse gases shall be prohibited, unless producers or importers provide evidence to the competent authority of a Member State at the time of such placing on the market, that any trifluoromethane, produced as a by-product during the production process of the fluorinated greenhouse gases, including during the production of feedstock for the production of those gases, has been destroyed or recovered for subsequent use, using best available techniques. For the purpose of providing that evidence, producers and importers shall draw up a declaration of conformity, accompanied by supporting documentation:

(a) establishing the origin of the fluorinated greenhouse gases to be placed on the market;

(b) identifying the production facility of origin of the fluorinated greenhouse gases to be placed on the market, including an identification of those facilities of origin of any precursor substances that involve the generation of chlorodifluoromethane (R-22) as part of the production process to produce the fluorinated greenhouse gases to be placed on the market;

(c) proving the availability and operation of the abatement technology at the facilities of origin equivalent to UNFCCC-approved baseline methodology AM0001 for incineration of trifluoromethane waste streams or proving the capture and destruction methodology that ensured that emissions of trifluoromethane are destroyed in accordance with the requirements under the Protocol;

(d) on any additional information facilitating the tracking of the fluorinated greenhouse gas prior to import. Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least 5 years from the placing on the market and make them available, upon request, to the competent authority of the Member State concerned or to the Commission. The Commission may, by means of implementing acts, determine the detailed arrangements relating to the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).

7. Natural persons carrying out the activities referred to in Article 10(1), first subparagraph, points (a), (b) and (c), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annexes I and II and, when fluorinated greenhouse gases are used in electrical switchgear, also in Annex III. Legal persons carrying out the installation, maintenance or servicing, repair or decommissioning of the equipment listed in Article 5(2), points (a) to (e), and Article 5(3), points (a) and (b), shall be certified in accordance with Article 10 and shall take precautionary measures to prevent leakage of fluorinated greenhouse gases listed in Annex I and Section 1 of Annex II.

Natural persons carrying out the maintenance or servicing and repair of air-conditioning equipment containing fluorinated greenhouse gases in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council () and of mobile equipment listed in Article 5(3), point (c), of this Regulation shall hold at least a training attestation in accordance with Article 10(1), second subparagraph, of this Regulation.