Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on qualification and certification measures in connection with stationary refrigeration and air-conditioning systems as well as heat pumps

On the basis of § 2 and § 4 (2) and (7) of the fluorinated greenhouse gas law 2009, BGBl. I n ° 103/2009, by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, is responsible:

Rule range

§ 1. The purpose of this Regulation is

1.		the detailed definition of the carrying out of audits and certifications for persons and undertakings designated in Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases, OJ L 327, 30.12.2006, p. No. 1., in conjunction with Regulation (EC) No 303/2008 laying down minimum standards for the certification of undertakings and personnel with regard to certain fluorinated greenhouse gases containing fluorinated greenhouse gases, Air conditioning and heat pumps and the conditions for the mutual recognition of certificates, OJ L 327, 30.4.2004, p. No. OJ L 92 of 03.04.2008 p. 3, engaged in refrigeration and air-conditioning and heat pumps in the context of fluorinated greenhouse gases, and
2.		the assignment of tasks of testing and certification to certain relevant organisations of the commercial economy active in this field as testing and certification bodies according to § 4 paragraph 2 of the fluorinated greenhouse gas law 2009.

Audit Points

§ 2. (1) In the transferred sphere of action of the regional chambers of the commercial economy in the state of the mechatronics technicians, the state of the sanitary, heating and ventilation technicians and the state of the state of the electrical and alarmanlag technology The tasks listed in the following paragraphs shall be carried out for persons carrying out certain activities relating to stationary refrigeration and air-conditioning systems and heat pumps in accordance with Regulation (EC) No 303/2008. If one of the above-mentioned inns reaches the view that, from an economic or organisational point of view, the establishment of a test centre in its local area of activity is not appropriate, it shall take over in its area established Bundesinnung these tasks. The head of the test body shall be familiar with the relevant legislation and shall have the experience required to carry out this activity.

(2) The inspection body shall carry out the tests required to obtain certificates for persons in accordance with § 4 (1) of the fluorinated greenhouse gas law 2009. The examination shall state whether the qualification requirements set out in the Annex for categories I, II, III or IV are fulfilled in one of the candidates. The examination shall cover the standard of knowledge and skills laid down in this Annex by a theoretical and a practical part; in particular, the examination shall ensure that the graduates are in a position to: Reason for the acquired knowledge to determine refrigerant losses professionally and accurately and to comply with the recording requirements in accordance with Article 3 (6) of Regulation (EC) No 842/2006 in a comprehensible manner. The candidate, the Federal Ministry of Agriculture, Forestry, the Environment and Water Management and the respective responsible office of the Land Government shall be the Examination Office, the place of examination and the date of examination in good time by written agreement to be known. The staff of the Federal Ministry of Agriculture, Forestry, Environment and Water Management and of the respective Office of the Land Government responsible for the professional qualification in accordance with the fluorinated greenhouse gases Act 2009 shall have the right to: to attend the exams at any time.

(3) Adequiate level of teaching qualification according to the Vocational Training Act, BGBl. No 142/1969, as amended, or other relevant evidence of professional qualifications (certificates of formal qualifications or qualifications). Master examinations or equivalent training in specialist higher technical training courses, universities of applied sciences or universities) shall be taken into account by the Examination Office for obtaining certificates for persons, in so far as those in the Annex for the These requirements are covered by the respective category. In so far as these EU legal requirements are not met, the examination has to relate to those sub-areas which are not covered. It is possible to repeat a test or a partial examination.

(4) In so far as the requirements set out in the Annex are met, the following qualifications are to be taken into account in respect of category I in any case:

1.		the successfully completed examination of the teaching qualification according to the training regulations for refrigeration equipment, heating and ventilation technology, as well as restricted to heat pumps, the training regulations of electrical engineering or a successful teaching qualification of a according to the Vocational Training Act within the meaning of the Ordinary on the Erlassung of the Apprenticeship List, BGBl. No 268/1975, as amended, shall be subject to a related training programme or related training, or
2.		the successfully completed master test or qualification test in one of the following regulated industries:
a)			Refrigeration and air-conditioning technology,
b)			Heating technology,
c)			Ventilation technology,
d)			Mechatronics technician for machine and production technology,
e)			Mechatronics technician for electrical engineering and automation,
f)			Mechatronics technician for electronics, office and computer systems technology,
g)			gas and sanitation technology and
h)			Electrical engineering restricted to heat pumps or
3.		the successful completion of a subject-related course of study at a university or a relevant university of applied sciences degree course, or
4.		the successful completion of a vocational higher education school whose focus is on one of the regulated industries mentioned in Z 2.

(5) The successful completion of a school education at a relevant technical school or in a relevant course shall be the extent to which the requirements set out in the Annex are fulfilled by the relevant evidence for which: To recognise the issue of a certificate for persons of the respective category.

(6) If the fulfilment of the established qualification requirements for obtaining a person's certificate has been proved by an examination, this must be announced orally by the inspection body and can be determined in a transcript on the examination. The Examination Office shall contain:

1.		the place and date of the examination; the name of the auditor and, where appropriate, of the supervisors,
2.		Department and category (I, II, III, IV),
3.		name, date of birth, address of the test item, and
4.		Documentation and outcome of the test.

The Examination Office shall be completed by the examiner and shall be kept for at least five years. The staff of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, or the respective Office of the Government of the State, responsible for professional qualification in accordance with the fluorinated greenhouse gases Act 2009, who is responsible for the examination , shall be granted access to the Examination Office at any time by the Examination Office.

(7) In the case of the proof of the required conditions for a certificate or a preliminary certificate for persons referred to in paragraph 3, 4 or 5, the examination office has the name of the graduate, indicating the category (I, II, III, IV) of the Annex and the name and registered office of the undertaking in which the person is employed, in order to issue a certificate for persons to the certification body.

(8) In the event that the investigative body considers that the conditions are not established, it has to determine this with a decision in accordance with § 4 (3) of the fluorinated greenhouse gas law 2009. In the case of the apprant's appeal, it must be stated within which period the appeal must be submitted and the Governor of the Land responsible for the appointment.

Certification Authorities for Persons

§ 3. (1) In the transferred sphere of action of the Federal Chamber of Industrial Economy in the Federal Innung of Mechatronics, the Federal Innung of Sanitary, Heating and Ventilation Technicians and the Bundesinnung der Elektro-und Alarmanlagentechnik Certification bodies to be established for persons carrying out certain activities relating to stationary refrigeration and air-conditioning systems and heat pumps referred to in Regulation (EC) No 303/2008 shall carry out the tasks set out in the following paragraphs performing.

(2) In accordance with § 2 (7), the certification body shall be issued with a certificate or certificate in accordance with Section 2 (7) of the examination office, which shall be issued with a certificate or certificate concerning the activity of the certificate or certificate. a preliminary certificate for persons entitled " Certificate for persons for certain activities in connection with works on stationary refrigeration and air-conditioning systems as well as heat pumps according to § 4 (1) fluorinated greenhouse gases-Act 2009 in Connection with the regulation of the Federal Minister for Agriculture, Forestry, Environment and Water management via qualification and certification measures in connection with stationary refrigeration and air-conditioning systems as well as heat pumps " resp. " Preliminary certificate for persons for certain activities related to work on stationary refrigeration and air-conditioning systems as well as heat pumps according to § 4 para. 1 fluorinated greenhouse gases law 2009 in conjunction with the regulation of the Federal Minister for agriculture, forestry, the environment and water management via qualification and certification measures relating to stationary refrigeration and air-conditioning systems and heat pumps, which shall contain the following information:

1.		the name of the certificate authority,
2.		the full name of the holder,
3.		the exhibition number,
4.		where applicable, the expiry date (in the case of provisional certificates 4 July 2011),
5.		the category (I, II, III or IV) concerned and the activities which the holder of the certificate may carry out, and
6.		the date of issue and the signature of the issuing authority.

(3) The certification body for persons shall keep records in accordance with Article 10 of Regulation (EC) No 303/2008, on the basis of which the status of certified persons and the proper implementation of the certification process can be checked. These records shall be kept up-to-date and shall be made available to the respective State Governor and the Federal Minister for Agriculture, Forestry, Environment and Water Management on request. To this end, the records shall contain the following:

1.		the name of the certified person,
2.		the certification date,
3.		the certification number,
4.		the category (I, II, III or IV); and
5.		the name and seat of the company in which the certified person is active.

Certification of companies

§ 4. (1) The application of a company to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with § 4 (7) of the fluorinated greenhouse gases Act 2009 has the following: Information to include:

1.		the number of persons employed per year on average in the regulated sector (including temporary workers);
2.		the number and names of the certified persons employed in the regulated sector, including copies of their personal certificates (including temporary agency workers),
3.		a written declaration by a person entitled to the outside representation of the undertaking that the company has a sufficient number of persons to cover the expected volume of activity, with a separate indication of the number of persons in the last year. established and serviced equipment and facilities, which are holders of a certificate in respect of activities subject to certification and that all necessary tools shall be provided to the staff responsible for the certification-related activities and procedures.
This also applies if the application for certification according to § 4 (7) of the fluorinated greenhouse gas law 2009 is submitted to the certification body for persons. In this case, the certification authority for persons has to forward the application together with the submitted documents to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has a company certificate entitled " Company certificate for certain activities related to certain activities in connection with the fulfilment of the conditions set out in paragraph 1 Z 3. Work on stationary refrigeration and air-conditioning systems as well as heat pumps according to § 4 (1) Fluorinated greenhouse gases law 2009 in conjunction with the regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on Qualification and Certification measures in connection with stationary refrigeration and air-conditioning systems as well as heat pumps ". The above-mentioned requirements for the exercise of the activities regulated in § 3 para. 2 Z 1 of the fluorinated greenhouse gas law 2009 can be carried out according to the Industrial Regulations 1994, BGBl. No 194/1994, as amended, in conjunction with the relevant rules on access to self-employed business, without prejudice to the conditions required for the exercise of these activities.

(3) Without prejudice to the obligation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management to depart the company certificate referred to in paragraph 2 above in accordance with § 4 (7) of the fluorinated greenhouse gas law 2009, the Federal Minister for Agriculture, Forestry, Environment and Water Management-if there are reasonable concerns that the conditions for a company certification could no longer be met-more detailed information on the current situation with regard to the requirements for certification, in particular an update the information required under paragraph 1 (1) (1) to (3). If this information is not transmitted within a period of 3 months, a procedure for the withdrawal of the company certificate shall be initiated.

Final provisions and entry into force

§ 5. (1) The Regulation shall enter into force with that of the following day in the Federal Law Gazans.

(2) This Regulation provides for the adoption of the measures required pursuant to Regulation (EC) No 842/2006 in conjunction with Regulation (EC) No 303/2008.

(3) The names of persons chosen in the Regulation shall be understood to be gender neutral.

Berlakovich