236. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on qualification and certification measures in connection with fixed fire protection systems and fire extinguishers

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

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 304/2008 laying down minimum standards for the certification of undertakings and personnel with regard to certain fluorinated greenhouse gases Fire protection systems and fire extinguishers and the conditions for the mutual recognition of allowances in this respect, OJ L 327, 31.12.2002, p No. L92 of 03.04.2008 p.12, activities in fixed fire protection systems and fire extinguishers in relation to 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) The verifiers to be set up in the field of influence of the Chambers of State of the State Chambers of the State of the State of Mechatronics for persons carrying out certain activities in connection with fixed fire protection systems in accordance with Regulation (EC) No 304/2008 shall carry out the tasks set out in the following paragraphs. If the respective country of the mechatronics engineers considers that from an economic or organisational point of view it is not appropriate to set up a test centre in its local area of activity, the Bundesinnung der Bundesinnung der Bundesinnung der Mechatronics engineers 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 pursuant to Article 4 (1) of the Fluorinated Greenhouse Gases Act 2009 in order to obtain certificates for persons. The examination shall indicate to a candidate whether the qualification requirements set out in the Annex have been met. 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 the loss of extinguishing agent in a professional and precise manner 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) Completed exams or other evidence of examination, according to the Vocational Training Act, BGBl. No 142/1969, as amended in each case, in conjunction with the relevant training regulations, or which may be recognised on the basis of these legal materials (such as, for example, degrees from related training) or The basis of the trade regulations completed master examinations or other recognized qualifications for a relevant commercial exercise are to an appropriate extent in accordance with Section 4 (4) of the fluorinated greenhouse gas law 2009 by the inspection body. consideration. This also applies to certificates of examination of the professional qualification in the form of relevant practice-related training courses in professionally-specified vocational middle and higher schools, higher technical training courses, universities of applied sciences. and universities. To the extent that the EU legal requirements are not met, the examination has to relate only to the sub-areas which are not covered. It is possible to repeat a test or a partial examination. If the qualifications covered by the above-mentioned evidence are taken into account in respect of the relevant activities in the Annex, that the conditions for the conditions laid down in Article 5 (1) (2) (2) of the Fluorinated Greenhouse Gas (fluorinated greenhouse gas) Act 2009 , this shall be documented in writing.

(4) 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 names of the reviewers and, where appropriate, the supervisory staff;
2.		Name, date of birth, address of the test item
3.		Documentation and outcome of the examination
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.

(5) In the case of the proof of the required conditions for a certificate or a preliminary certificate for persons referred to in paragraphs 3 and 4, the examination office shall have the name of the graduate and the name and registered office of the undertaking in which the certificate or certificate is available. the person is employed for the purpose of issuing a certificate for persons to the certification body.

(6) In the event that the investigative body considers that the conditions are not established, it has to establish this with a decision in accordance with § 4 (3) of the fluorinated greenhouse gas law 2009, on the basis of a justification. 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) The certification body for persons involved in certain activities relating to fixed fire protection systems, to be established in the Federal Chamber of Industry and Industry (Bundesinnung der Bundesinnung der Bundesinnung der Bundesinnung der Bundesinnung der Bundesinnung der Mechatroniker) in accordance with Regulation (EC) No 304/2008, the tasks set out in the following paragraphs shall be carried out.

(2) In accordance with § 2 (5), the certification body shall be issued with a certificate or certificate in accordance with § 2 (5) by the verifier that the requirements for issuing a certificate for persons are met. A provisional certificate for persons entitled " Certificate for persons for certain activities in connection with works on fixed fire protection systems according to § 4 (1) fluorinated greenhouse gases-Act 2009 in conjunction with the Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on qualification and certification measures in connection with fixed fire protection systems and fire extinguishers " or " Preliminary certificate for persons for certain activities related to work on fixed fire protection systems according to § 4 (1) Fluorinated greenhouse gas law 2009 in conjunction with the regulation of the Federal Minister of Land-and Forestry, the environment and water management on qualification and certification measures relating to fixed fire protection systems and fire extinguishers ', 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 2010),
5.		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 304/2008, 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 Federal Minister for Agriculture, Forestry, the 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 and
4.		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 in the enterprise,
2.		the number and names of the certified persons employed in the enterprise at the time of the application, including copies of their persons certificates,
3.		a confirmation of an independent person or body empowered by the legislation in question to demonstrate that the undertaking has sufficient numbers of persons to cover the expected volume of activity; , who are holders of a certificate in respect of activities subject to certification; and
4.		a confirmation of an independent person or body empowered by the relevant legislation to be taken into account, certifying that all the tools and procedures necessary for the professional activities of the staff responsible for certification shall be accessible.
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 paragraphs 1 and 3 and 4 of the German Federal Ministry of Agriculture and Forestry". Work on fixed fire protection systems in accordance with § 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 fixed fire protection systems and fire extinguishers " , 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, in the version in force, 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 a company certificate in accordance with § 4 (7) of the fluorinated greenhouse gas law 2009, the Federal Minister for Land- and forestry, the 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 Certification requirements, in particular an update of the requirements referred to in paragraph 1 Z 1 to 4 required information. 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 at the end of the day of its operation.

(2) This Regulation provides for the adoption of the measures required pursuant to Regulation (EC) No 842/2006 in conjunction with Regulation (EC) No 304/2008.

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

Berlakovich