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1. Operators and manufacturers of equipment that contains 5 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 1 kilogram or more of fluorinated greenhouse gases listed in Section 1 of Annex II that is not contained in foams, shall ensure that the equipment is checked for leaks. Hermetically sealed equipment shall not be checked for leaks provided that it is labelled as hermetically sealed equipment and that it complies with one of the following conditions:

(a) it contains less than 10 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I; or (b) it contains less than 2 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II. By way of derogation from the second subparagraph, where hermetically sealed equipment is installed in residential buildings, it shall not be checked for leaks where that equipment contains less than 3 kilograms of fluorinated greenhouse gases provided that it is labelled as hermetically sealed. Electrical switchgear shall not be checked for leaks provided that it complies with one of the following conditions:

(a) it has a tested leakage rate of less than 0,1 % per year as set out in the technical specification of the manufacturer and is labelled accordingly;

(b) it is equipped with a pressure or density monitoring device with an automatic alert system while in operation;

(c) it contains less than 6 kilograms of fluorinated greenhouse gases listed in Annex I.

2. Paragraph 1 shall apply to operators and manufacturers of the following stationary equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:

(a) refrigeration equipment;

(b) air-conditioning equipment;

(c) heat pumps;

(d) fire protection equipment;

(e) organic Rankine cycles;

(f) electrical switchgear.

3. Paragraph 1 shall apply to operators and manufacturers of the following mobile equipment that contains fluorinated greenhouse gases listed in Annex I or in Section 1 of Annex II:

(a) refrigeration units of refrigerated trucks and refrigerated trailers;

(b) refrigeration units of refrigerated light-duty vehicles, intermodal containers, including reefers, and train wagons;

(c) air-conditioning equipment and heat pumps in heavy duty vehicles, vans, non-road mobile machinery used in agriculture, mining and construction operations, trains, metros, trams and aircraft. As regards the equipment referred to in paragraph 2, points (a) to (e), and points (a) and (b) of this paragraph, the checks shall be carried out by natural persons certified in accordance with Article 10.

4. As regards the mobile equipment referred to in paragraph 3, point (c), the checks shall be carried out by natural persons holding at least a training attestation in accordance with Article 10(1), second subparagraph.

5. Paragraphs 1 and 6 shall not apply to operators of mobile equipment under paragraph 3, points (b) and (c), until 12 March 2027.

6. The leak checks referred to in paragraph 1 shall be carried out with the following frequency:

(a) for equipment that contains less than 50 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or less than 10 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 12 months; or where a leakage detection system is installed in such equipment, at least every 24 months;

(b) for equipment that contains 50 tonnes of CO2 equivalent or more, but less than 500 tonnes of CO2 equivalent of fluorinated greenhouse gases listed in Annex I or 10 kilograms or more, but less than 100 kilograms of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 6 months or, where a leakage detection system is installed in such equipment, at least every 12 months;

(c) for equipment that contains 500 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I or 100 kilograms or more of fluorinated greenhouse gases listed in Section 1 of Annex II: at least every 3 months or, where a leakage detection system is installed in such equipment, at least every 6 months.

7. The obligations set out in paragraph 1 for fire protection equipment as referred to in paragraph 2, point (d), shall be deemed to be fulfilled provided that the following conditions are met:

(a) the existing inspection regime meets ISO 14520 or EN 15004 standards; and (b) the fire protection equipment is inspected as often as is required under paragraph 6. The obligations set out in paragraph 1, for mobile air-conditioning equipment and heat pumps, as referred to in paragraph 3, point (c), shall be deemed to be fulfilled provided that the mobile air-conditioning equipment and the heat pumps are subject to a regular inspection regime that includes leak checks.

8. The Commission may, by means of implementing acts, specify requirements for the leak checks to be carried out in accordance with paragraph 1 for each type of equipment referred to in paragraphs 2 and 3 and identify those parts of the equipment most likely to leak. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).