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Fluorinated Greenhouse Gases Act 2009

Original Language Title: Fluorierte Treibhausgase-Gesetz 2009

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103. Federal law on the reduction of emissions of fluorinated greenhouse gases (Fluorinated greenhouse gases-Law 2009)

The National Council has decided:

Aim of the law

§ 1. The aim of this law is to

1.

the implementation and enforcement of Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases, OJ L 327, 30.12.2006, p. No. 1, hereinafter referred to as the "Regulation on certain fluorinated greenhouse gases", as well as all other Regulations (EC) referred to in Article 2, which are intended to implement this Regulation, and

2.

to carry out the tasks conferred by the Regulations (EC) referred to in Z 1 by means of schemes relating to the training and certification of persons and undertakings

and thereby contribute to the reduction of emissions from the fluorinated chemicals covered by the Kyoto Protocol.

Regulation on certain fluorinated greenhouse gases and competent authority

§ 2. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent Austrian authority for the implementation and enforcement of the Regulation on certain fluorinated greenhouse gases and the following Regulations (EC),

1.

Regulation (EC) No 1493/2007 establishing the format of the report to be submitted by producers, importers and exporters of certain fluorinated greenhouse gases, OJ L 327, 22.11.2007, p. No. OJ L 332, 18.12.2007 p. 7,

2.

Regulation (EC) No 1494/2007 establishing the format of the marks and the additional requirements for the labelling of products and equipment containing certain fluorinated greenhouse gases, OJ L 327, 22.11.2007, p. No. OJ L 332, 18.12.2007 p. 25,

3.

Regulation (EC) No 1497/2007 laying down the standard requirements for the control of the tightness of fixed fire protection systems containing certain fluorinated greenhouse gases, OJ L 327, 28.11.2007, p. No. OJ L 333, 19.12.2007 p.4,

4.

Regulation (EC) No 1516/2007 laying down the standard requirements for the control of the tightness of stationary refrigeration and air-conditioning systems and of heat pumps containing certain fluorinated greenhouse gases, OJ L 327, 22.11.2007, p. No. OJ L 335, 20.12.2007 p. 10,

5.

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 systems and heat pumps, and the Conditions for the mutual recognition of allowances in this respect, OJ L 327, 22. No. OJ L 92 of 03.04.2008 p. 3,

6.

Regulation (EC) No 304/2008 laying down minimum standards for the certification of undertakings and personnel with regard to certain fluorinated greenhouse gases containing fixed fire protection systems and fire extinguishers, and the conditions for the mutual recognition of allowances in this respect, OJ L 327, No. OJ L 92, 03.04.2008 p.12,

7.

Regulation (EC) No 305/2008 laying down minimum standards for the certification of personnel carrying out activities related to the recovery of certain fluorinated greenhouse gases from high-voltage switchgear, and of the Conditions for the mutual recognition of allowances in this respect, OJ L 327, 22. No. OJ L 92, 03.04.2008, p.17,

8.

Regulation (EC) No 306/2008 laying down minimum standards for the certification of personnel recovering certain fluorinated greenhouse gases from equipment, and the conditions for the mutual recognition of the conditions for the certification of staff Recognition of allowances in this respect, OJ C 327 No. OJ L 92 of 03.04.2008 p. 21,

9.

Regulation (EC) No 307/2008 laying down the minimum requirements for training programmes and the conditions for the mutual recognition of training certificates for staff with regard to certain fluorinated greenhouse gases air conditioning systems in certain motor vehicles, OJ L 327, No. OJ L 92 of 03.04.2008 p. 25 and

10.

Regulation (EC) No 308/2008 laying down the format of the communication of the training and certification programmes of the Member States, OJ L 327, 30.4.2008, p. No. OJ L 92, 03.04.2008 p. 28,

to the extent that they are used to implement this Regulation. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has fulfilled the tasks assigned under the Regulation on certain fluorinated greenhouse gases and in accordance with the Regulations (EC) referred to in Z 5 to 10. to ensure.

Training and certification requirements for people and businesses

§ 3. (1) Persons,

1.

which carry out an activity falling within the scope of Article 2 (1) of the Regulation (EC) referred to in Article 2 (5) of Regulation (EC), must comply with the qualification requirements laid down in Regulation (EC), including the Annex;

2.

which carry out an activity falling within the scope of Article 2 (1) of the Regulation (EC) referred to in Article 2 (6) of Regulation (EC), must comply with the qualification requirements laid down in Regulation (EC), including the Annex;

3.

which carry out an activity falling within the scope of Article 1 of the Regulation (EC) referred to in Article 2 (7) (7) of this Regulation must comply with the qualification requirements laid down in Regulation (EC), including the Annex;

4.

which carry out an activity falling within the scope of the Regulation referred to in Article 1 of the Regulation (EC) referred to in Article 2 (8) of Regulation (EC) must comply with the qualification requirements laid down in Regulation (EC), including the Annex;

5.

which carry out an activity falling within the scope of application of Article 1 of the Regulation (EC) referred to in Article 2 (9) of this Regulation must demonstrate that a course of training laid down in Regulation (EC), including the Annex, is completed.

Persons exercising regulated activities in the aforementioned Regulations (EC) shall be excluded from the abovementioned requirements in so far as they are provided for in the respective Regulations (EC).

(2) Enterprises,

1.

which carry out an activity falling within the scope of the Regulation referred to in Article 2 (2) of the Regulation (EC) referred to in Article 2 (5) of this Regulation must comply with the requirements of this Regulation (EC);

2.

which carry out an activity falling within the scope of the Regulation referred to in Article 2 (2) of the Regulation (EC) referred to in Article 2 (6) of this Regulation must comply with the requirements of this Regulation (EC).

Testing, certification and certification bodies

§ 4. (1) Testing, certification and certification bodies for persons, as well as auditors and certification bodies active in this field, shall comply with the requirements laid down in the Regulations (EC) referred to in Article 2 (5) to (9) of this Regulation. Testing bodies shall be responsible for organising and carrying out tests in an appropriate manner. Tests carried out in respect of the activities and training courses regulated in the Regulations referred to in § 2 (5) to (8) in respect of the activities regulated in the Regulation referred to in § 2 (9) (9) must be carried out in order to obtain the qualification in any case, cover the standard of knowledge and skills referred to in Article 3 of the relevant Regulation (EC). The organiser of a training course has to issue a confirmation of the completion of the course. Before issuing a certificate of training, the certifying body must ensure that the course for which the course organiser is required to submit a certificate covers the training requirements mentioned above. For this purpose, it can also request course documents from the organizer. The certification body has to issue a certificate in respect of the activity which has been proven in the course of the fulfilment of the conditions laid down in § 3; the certifying body has a confirmation of a course which has been submitted to the certifying body. The conditions are fulfilled and the certificate of training must be issued. Staff certificates, training certificates and company certificates must comply with the requirements laid down in the relevant Regulation (EC).

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has to determine, by means of a regulation, which relevant organisation of the commercial economy the tasks as a testing, certification or certification body for persons in respect of the activities regulated in the regulations referred to in § 2 (5) to (9) shall be carried out in each case.

(3) In the opinion of the competent body referred to in paragraph 2 that the conditions laid down in § 3 for obtaining a staff certificate or a training certificate are not fulfilled, it shall be informed of this.

(4) Those according to the Vocational Training Act, BGBl. No 142/1969, in the current version, or on the basis of the implementing regulations based on the provisions of the implementing regulations, or proof of completion of the training, are the competent authority in accordance with paragraph 2 in the assessment of the rules laid down in accordance with § 3. requirements should be taken into account.

(5) With regard to the activities regulated in the Regulations (EC) referred to in § 2 (7) and (8), the Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in addition to the activities referred to in paragraph 2, be designated as a testing or certification body. in the relevant organisation of the business economy after consultation of the Federal Minister for Economic Affairs, Family and Youth with communication also in the relevant sector with the carrying out of examinations or with the exhibition of Entrusts certificates. In particular, the application shall contain the area in which the company intends to take over tasks as a testing or certification body. An authorisation shall be granted if the undertaking satisfies the requirements set out in the relevant Regulation (EC) in accordance with paragraph 1 and if there is a need for such authorisation. The authorization shall indicate in which area and with what function (test or certification body) the company is entrusted. The Federal Minister of Agriculture and Forestry has to check at appropriate intervals whether the relevant conditions for the responsible company are still in place and whether the tests and certifications are carried out properly . The authorization shall be revoked if the conditions set out are no longer available. A notice by the Federal Minister of Agriculture, Forestry, Environment and Water Management in the Federal Law Gazans, which is to be updated if necessary, is published via the companies recognised as testing or certification bodies. The contract notice shall contain a list of testing and certification bodies, with the name of the recognised companies being named.

(6) Insofar as the conduct of examinations and the issuing of certificates or certificates for personnel referred to in paragraphs 1 to 5 are carried out by relevant organisations of the commercial economy or in accordance with the provisions of paragraph 5 of this Article, , this is a task of the transmitted sphere of action. The organisations and undertakings entrusted with it shall be subject to the delegated activities, unless the Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the verification of the activities referred to in paragraph 5. The company is responsible for the supervision of the Governor of the State and is bound by his instructions in this respect, but is free of instructions regarding the acceptance of exams. In proceedings in matters relating to the examinations and the issuing of certificates or certificates, the Governor of the Land is the competent authority and the parent authority in the instance train in accordance with Art. 103 (4) B-VG.

(7) The Federal Minister of Agriculture, Forestry, the Environment and Water Management is the certification body for companies in accordance with the Regulations (EC) referred to in § 2 (5) and (6). The application for the issuing of a certificate for companies can also be submitted to the relevant certification body for persons according to paragraph 2. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to consult the relevant certification body for persons in accordance with paragraph 2, with reference to the requirements of these requirements. If the relevant conditions are no longer available, the Federal Minister for Agriculture, Forestry, the Environment and Water Management must carry out a procedure for the deprivation of the company certificate. If it is in the interest of simplicity, expediency and economy, the Federal Minister for Agriculture, Forestry, the Environment and Water Management may, on a case-by-case basis, or for one or more areas, the Landeshauptmann with the To entrust the exhibition of corporate certificates. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has to specify in which form and within which framework the respective Regulation (EC) as regards the issue of an enterprise certificate.

(8) Certificates and certificates issued by the competent authorities in other EEA States Parties in accordance with the requirements of the Regulations (EC) referred to in § 2 (5) to (9) shall be certificates and certificates in the sense of: of this federal law.

Transitional provisions

Provisional certificates and certificates

§ 5. (1) The certification or certification requirements for the regulated activities related to fluorinated greenhouse gases shall be valid for persons up to the point in time in the respective Regulation (EC) according to Z 1 to 4 for the phase-out of the transitional period shall be deemed to be fulfilled under the following conditions:

1.

With regard to the regulation referred to in § 2 Z 5, the final certificate of vocational training "refrigeration plant technician" shall be deemed to be a provisional staff certificate within the meaning of this Regulation (EC) until 4 July 2011.

2.

With regard to the Regulation referred to in Article 2 (2) (6) of this Regulation, a confirmation of the relevant organisation of the relevant organisation, as determined by the Regulation in accordance with Article 4 (2), is valid for the purpose of the relevant professional experience. industrial economy by 4 July 2010 as the provisional staff certificate within the meaning of this Regulation (EC).

3.

With regard to the Regulation referred to in Article 2 (2) (7) of this Regulation, persons who have previously carried out the activities regulated in that Regulation shall be deemed to be certified as certified within the meaning of this Regulation (EC) by 4 July 2009.

4.

With regard to the Regulation referred to in Article 2 (9) of the Regulation, persons who have obtained a certificate of vocational training for the motor vehicle (motor vehicle) technician or motor vehicle mechanic shall be deemed to be appropriate until 4 July 2010 in the sense of the following: of this Regulation (EC).

(2) Undertakings shall be subject to the certification requirements for activities relating to fluorinated greenhouse gases up to the date laid down in the relevant Regulation (EC) in accordance with Article 2 (5) or (6) for the expiry of the transitional period, under the conditions set out below:

1.

With regard to Regulation (EC) pursuant to § 2 Z 5, the relevant industrial property rights for refrigeration and air-conditioning technology acquired in Austria shall be valid until 4 July 2011 as a preliminary corporate certificate within the meaning of Article 9 of this Regulation (EC).

2.

With regard to Regulation (EC) pursuant to § 2 Z 6, companies which have acquired relevant industrial property rights in Austria shall be regarded as holders of a provisional company certificate within the meaning of Article 9 of this Regulation until 4 July 2010. Regulation (EC)

Monitoring, criminal and final provisions

Monitoring

§ 6. Unless otherwise specified in this Federal Act, the Governor of the State shall be responsible for supervising compliance with the provisions of this Federal Act and the Regulations based thereon, as well as the Regulation on certain fluorinated Greenhouse gases and the repeal Regulations (EC) of the European Communities are responsible for and have the meaning of V. and VI. Section of the Chemicals Act 1996, BGBl. I No 53/1997, in the version in force.

Criminal provisions

§ 7. (1) Who

1.

of the Regulation on certain fluorinated greenhouse gases or of a Regulation (EC) referred to in Article 2 (1) (1) to (9) of this Regulation, in order to ensure that:

a)

in the event of a restriction on products or equipment containing fluorinated greenhouse gases or in need of their functioning, placing on the market or using them,

b)

-disregards its obligation to inspect installations or facilities within the meaning of Article 3 of the Regulation on certain greenhouse gases for tightness in the manner specified, or to provide certified personnel for the purposes of carrying out such activities; Commission,

c)

, with the implementation of installation, maintenance and maintenance activities regulated in Article 3 of the Regulation on certain fluorinated greenhouse gases, persons and undertakings which have the required certificate are not entrusted with the task of carrying out the necessary certification,

d)

it does not comply with its responsibility under Article 4 of the Regulation on certain fluorinated greenhouse gases, to recover the fluorinated greenhouse gases for the purpose of ensuring recycling, reclamation or destruction by persons who have have the required qualifications,

e)

the intended records within the meaning of Article 3 of the Regulation on certain fluorinated greenhouse gases are not or are not fully or not fully carried out by the Authority at the request of the Authority,

f)

Products and equipment containing fluorinated greenhouse gases shall be placed on the market without the labelling required under Article 7 of the Regulation on certain fluorinated greenhouse gases,

g)

, as a company which carries out the activities regulated in Articles 3 and 4 of the Regulation on certain fluorinated greenhouse gases, imports of fluorinated greenhouse gases without being certified by its staff,

h)

does not comply with the reporting requirement laid down in Article 6 of the Regulation on certain fluorinated greenhouse gases,

or who

2.

the Regulations (EC) referred to in Z 1 in conjunction with this Act are contrary to the provisions of this Act, in that they

a)

Installation, maintenance and maintenance activities, as well as tightness checks on installations and installations within the meaning of Article 3 of the Regulation on certain fluorinated greenhouse gases, without the necessary staff certificate in the sense of the § 3 or to possess the provisional staff certificate required during the transitional period within the meaning of § 5,

b)

Recovery activities carried out on plants and facilities within the meaning of Article 4 of the Regulation on certain fluorinated greenhouse gases shall be carried out without the required personnel certificate as defined in § 3 or a required personnel certificate in accordance with § 3 (1) Z 5 a certificate of training or the provisional staff certificate required during the transitional period within the meaning of § 5 or the certificate of teaching qualification required pursuant to section 5 (1) (4) of the second subparagraph of this Article,

c)

as undertakings carrying out installation, maintenance and maintenance activities in installations and installations within the meaning of Article 3 of the Regulation on certain fluorinated greenhouse gases, without the required company certificate as defined in 3 or to possess the provisional company certificate required in the transitional period within the meaning of § 5,

if the offence does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender and a fine of at least € 360 up to € 19 000, in the event of recurrence up to € 38 000. punishing. The trial is punishable.

(2) Those who are contrary to the Regulation on certain fluorinated greenhouse gases, or any of the Implementing Regulations (EC) or these Regulations (EC), in conjunction with this Law, shall be entitled, if the deed does not constitute the facts of a the jurisdiction of the courts shall constitute a criminal offence and shall not be punishable by paragraph 1, administrative transgressing and shall be punishable by a fine of up to € 9 000, in the event of a repetition of up to € 18 000. The trial is punishable.

Enforcement

§ 8. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of this Federal Act.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the agreement with the Federal Minister for Economic Affairs, Family and Youth to establish the regulations pursuant to § 4 (2) and (7) of the German Federal Ministry for Economic Affairs and Energy.

Fischer

Faymann