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Document 02008R0306-20080423

Consolidated text: 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 (Text with EEA relevance)

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Legal status of the document In force

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ELI: http://data.europa.eu/eli/reg/2008/306/2008-04-23

02008R0306 — EN — 23.04.2008 — 000.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

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

(Text with EEA relevance)

(OJ L 092 3.4.2008, p. 21)


Corrected by:

►C1

Corrigendum, OJ L 280, 23.10.2008, p.  38 (306/2008)



▼B

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

(Text with EEA relevance)



Article 1

Subject matter and scope

This Regulation establishes minimum requirements for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment as well as the conditions for mutual recognition of certificates issued in accordance with those requirements.

Article 2

Certification of personnel

1.  
Personnel carrying out the activity referred to in Article 1 shall hold a certificate ►C1  as referred to in Article 3. ◄
2.  
Paragraph 1 shall not apply for a maximum period of 1 year to personnel enrolled in a training course for the purpose of obtaining a certificate provided that they carry out the activity under the supervision of a person holding a certificate.
3.  
Member States may decide that paragraph 1 shall not apply for a period which shall not exceed the date referred to in Article 5(4) of Regulation (EC) No 842/2006, to personnel undertaking the activity provided for in Article 1 of this Regulation before the date referred to in Article 5(2) of Regulation (EC) No 842/2006.

Such personnel shall, for the period referred to in the first subparagraph, be deemed certified as regards this activity for the purposes of the requirements of Regulation (EC) No 842/2006.

Article 3

Issuance of certificates to personnel

1.  
A certification body as referred to in Article 4 shall issue a certificate to personnel who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 5, 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 activity which the holder of the certificate is entitled to perform;

(c) 

issuing date and issuer’s signature.

3.  
Where an existing examination-based certification system covers the minimum skills and knowledge set out in the Annex and meets the requirements of Articles 4 and 5, but the related attestation does not contain the elements laid down in paragraph 2 of this Article, a certification body referred to in Article 4 may issue a certificate to the holder of this qualification without repeating examination.
4.  
Where an existing examination based certification system meets the requirements of Articles 4 and 5 and partially covers the minimum skills as 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 referred to in Article 5.

Article 4

Certification body

1.  
A certification body shall be provided for by a national law or regulation, or designated by the competent authority of a Member State or other entities entitled to do so, as being allowed to issue certificates to personnel involved in the activity referred to in Article 1.

The certification body shall be impartial in carrying out its activities.

2.  
The certification body shall establish and apply procedures for the issuance, suspending and withdrawing of certificates.
3.  
The certification body shall maintain records that allow verifying the status of a certified person. The records shall demonstrate that the certification process has been effectively fulfilled. Records shall be kept for a minimum period of 5 years.

Article 5

Evaluation body

1.  
An evaluation body designated by the competent authority of a Member State or other entities entitled to do so, shall organise examinations for the personnel referred to in Article 1. A certification body as referred to in Article 4 may also qualify as an evaluation body.

The evaluation body shall be impartial in carrying out its activities.

2.  
Examinations shall be planned and structured in a manner which ensures that the minimum skills and knowledge set out in the Annex are covered.
3.  
The evaluation body shall adopt reporting procedures and keep records 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 due knowledge of the relevant examination methods and examination documents as well as an 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 6

Notification

1.  
By 4 January 2009, Member States shall notify the Commission of the names and contact details of certification bodies for personnel covered by Article 4 and of the titles of certificates for personnel complying with the requirements of Article 3, using the format established by Regulation (EC) No 308/2008.
2.  
If fluorinated greenhouse gas-based solvents are not used in a Member State, this Member State may decide not to designate the certification or the evaluation body referred to in Article 4 and 5, or both, before the need for such certification arises in the future. In this case the Member State concerned shall provide for the necessary arrangements under its national legislation in order to ensure the issuance of such certificates without undue delays in the event such certification would be requested in the future.

By 4 January 2009, the Member State shall notify to the Commission the intention to make use of and the arrangements made to comply with this paragraph. In that case, paragraph 1 shall not apply.

3.  
Member States shall update the notification submitted pursuant to paragraph 1, with relevant new information, and submit it to the Commission without delay.

Article 7

Conditions for mutual recognition

1.  
Mutual recognition of certificates issued in other Member States shall apply to certificates issued in accordance with Article 3.
2.  
Member States may require holders of certificates issued in another Member State to provide a translation of the certificate in another official Community language.

Article 8

Entry into force

This Regulation shall enter into force on the 20th 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.



ANNEX



Minimum requirements as to the skills and knowledge to be covered by the evaluation bodies

No

Minimum knowledge and skills

Test type

1.

Basic knowledge of relevant environment issues (climate change, Kyoto Protocol, Global Warming Potential), the relevant provisions of Regulation (EC) No 842/2006 and of the relevant Regulations implementing provisions of Regulation (EC) No 842/2006

T

2.

Physical, chemical and environmental characteristics of fluorinated greenhouse gases used as solvents

T

3.

Use of fluorinated greenhouse gases as solvents

T

4.

Recovery of fluorinated greenhouse gas-based solvents

P

5.

Storage and transportation of fluorinated greenhouse gas-based solvents

T

6.

Operation of recovery equipment in relation to equipment containing fluorinated greenhouse gas-based solvents

P


( 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).

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