Key Benefits:
Publics concerned: companies and personnel involved in the treatment of fluorinated greenhouse gases in fire protection systems, high-voltage connection equipment and solvents.
Re: definition of the modalities for certification of companies involved in the treatment of fluorinated greenhouse gases contained in fire protection systems, high-voltage connection equipment and solvents, and updating of the regulations applicable to the refrigeration and air conditioning sectors.
Entry into force: immediate.
Notice: European Regulation No. 842/2006 of 17 May 2006 is the primary objective of reducing emissions of certain fluorinated greenhouse gases, covered by the Kyoto Protocol. In particular, it provides that the personnel of companies involved in equipment containing such gases and likely to leak must be duly qualified. The Order specifies the terms and conditions that allow the bodies in charge to certify the skills of the companies and their personnel. It also updates similar provisions in the areas of air conditioning and refrigeration.
References: the texts amended by this decree may be consulted, in their drafting, on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to Regulation (EC) No. 842/2006 of the European Parliament and the Council of 17 May 2006 on certain fluorinated greenhouse gases;
Considering Commission Regulation (EC) No. 1497/2007 of 18 December 2007 defining, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, the standard requirements for leakage control for fixed fire protection systems containing certain fluorinated greenhouse gases;
Having regard to Commission Regulation (EC) No. 303/2008 of 2 April 2008 establishing, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, minimum requirements as well as conditions for mutual recognition of the certification of enterprises and personnel with regard to fixed refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases;
Having regard to Commission Regulation (EC) No. 304/2008 of 2 April 2008 establishing, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, minimum requirements as well as conditions for mutual recognition for the certification of companies and personnel with respect to fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases;
Considering Commission Regulation (EC) No. 305/2008 of 2 April 2008 establishing, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, minimum requirements and conditions for mutual recognition of the certification of personnel responsible for recovering certain fluorinated greenhouse gases contained in high-voltage connection devices;
Considering Commission Regulation (EC) No. 306/2008 of 2 April 2008 establishing, in accordance with Regulation (EC) No. 842/2006 of the European Parliament and the Council, the minimum requirements and conditions for mutual recognition of the certification of personnel responsible for recovering certain fluorinated greenhouse gas solvents contained in equipment;
Considering Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;
Vu le Criminal codeincluding its article R. 610-1;
Considering the environmental code, including articles L. 521-6 and R. 521-1;
Vu la Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
Vu le Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1204 of 19 December 1997 to the Minister of Land Use and Environment 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
In view of the advisory committee's opinion on the standards assessment of the local finance committee dated 9 September 2010;
The State Council (section of public works) heard,
Decrete:
The environmental code is amended to read:
Sub-section 5 of chapter I, section 2 of Book V title II is replaced by the following:
"Subsection 5
"Floored greenhouse gases used as an extinguishing agent in fire protection systems, as a dielectric in high voltage connection appliances or as a solvent
"Art. R. 521-54. - The provisions on fluorinated greenhouse gases used as refrigerant fluids in refrigeration or air conditioning equipment are set out in chapter III, section 6, title IV, of this book.
"Art. R. 521-55. -This sub-section regulates the conditions for market marketing, use, recovery and destruction of fluorinated greenhouse gases used as an extinguishing agent in fire protection systems, as a dielectric in high-voltage connection or as a solvent.
“Paragraph 1
“General provisions
"Art. R. 521-56.-For the purposes of this section, are considered to be:
"1° "Small greenhouse gases" the gases defined in Article 2 of Regulation (EC) No 842/2006 of 17 May 2006;
"2°" Distributors” people who cede in an expensive or free way and, in the course of a professional activity, hand over fluorinated greenhouse gases.
“Paragraph 2
« Cession, acquisition and recovery of gas
with fluorinated greenhouse effect
"Art. R. 521-57.-Distributors may only certify fluorescent greenhouse gases as free of charge to other distributors, only to companies with the certificate provided for in Article 8 of Regulation (EC) No 304/2008 or an equivalent certificate issued in one of the Member States of the European Union and translated into French, as well as to companies carrying out the effects of the recovery of gases
"Art. R. 521-58.-Distributors hold a register for each assignment of fluorinated greenhouse gases, the name of the purchaser, the number of its certificate, the nature of the fluorinated greenhouse gas and the assigned quantities.
“Paragraph 3
“Certification provisions
and approvals
"Art. R. 521-59.-Only organizations authorized for this purpose under the conditions laid down in this article are authorized to issue to staff the certificate mentioned:
"at section 5 of Regulation (EC) No. 304/2008 with respect to fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases;
"at Article 4 of Regulation (EC) No 305/2008 with respect to certain fluorinated greenhouse gases contained in high voltage connection devices;
" – in section 3 of Regulation (EC) No 306/2008 with respect to certain solvents based on fluorinated greenhouse gases.
"These organizations organize the evaluation of the staff mentioned:
"at section 11 of Regulation (EC) No. 304/2008 with respect to fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases;
"at Article 6 of Regulation (EC) No 305/2008 with respect to certain fluorinated greenhouse gases contained in high voltage connection devices;
" – in section 5 of Regulation (EC) No 306/2008 with respect to certain solvents based on fluorinated greenhouse gases.
"The accreditation of these bodies is granted, for a maximum of five years, by order of ministers responsible for the environment and industry.
"An Order of Ministers Responsible for the Environment and Industry states:
"the conditions under which the approval is granted, including the criteria to be met by the approved body, and the conditions for the withdrawal of the approval;
“—the content of the certificate application and the terms and conditions of its grant, suspension and withdrawal.
"A joint decision of Ministers responsible for the environment and industry sets out the terms and conditions for the application of Articles 5.3.5.4 and 11 of Regulation (EC) No 304/2008,4.3,4.4 and 6 of Regulation (EC) No 305/2008 and 3.3.3.4 and 5 of Regulation (EC) No 306/2008.
"Art. R. 521-60.-Only organizations authorized for this purpose under the conditions set out in this section are authorized to issue to companies the certificate referred to in Article 8 of Regulation (EC) No 304/2008 with respect to fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases.
"The accreditation of these bodies is granted for a maximum of five years by order of the Minister for the Environment. This order defines the missions for which the organization is approved.
"An Order of Ministers Responsible for the Environment and the Fixed Industry:
"the conditions under which the approval is granted, including the criteria to be met by the approved body, and the conditions for the withdrawal of the approval;
“—the content of the certificate application and the terms and conditions of its grant, suspension and withdrawal.
"Art. R. 521-61.-The organization that issued the certificate referred to in section R. 521-60 shall, at the request of that undertaking, communicate to any other registered body the information it holds relating to that undertaking.
"Organizations are made available to the Environment and Energy Control Agency, the public and fluorinated greenhouse gas distributors an updated list of companies and staff with a certificate.
"Accredited bodies shall annually provide the Agency for the Environment and Energy Control with data on the quantities of acquired fluorinated greenhouse gases, loaded in equipment, recovered, disposed and stored on 1 January and 31 December of the previous calendar year by all the companies to which they issued a certificate, distinguishing new gases from those already used. They include a list of the companies to which they suspended or withdrawn the certificate referred to in R. 521-60 and the reasons for the suspension and withdrawal.
"A decree of Ministers responsible for the environment and industry sets out the nature and modalities for the transmission of this information.
“Paragraph 4
“Companies provisions
"Art. R. 521-62.-Any operator of fixed fire protection equipment containing fluorinated greenhouse gases shall conduct its leakage control, installation, maintenance or repair by a company holding the certificate referred to in R. 521-60.
"Art. R. 521-63.-The undertakings referred to in Article R. 521-62 shall, each year, address the registered body that issued the certificate referred to in Article R. 521-60 to the previous calendar year and specifying, for each fluorinated greenhouse gas, the quantities:
« 1° Acquises ;
« 2° Chargees ;
« 3° Recovered ;
« 4° Cédées.
"This statement also mentions the status of their stocks as of January 1 and December 31 of the previous calendar year.
"The nature and modalities for the transmission of this information are determined by order of Ministers responsible for the environment and industry.
"If this information is not forwarded to the deadline prescribed by the above-mentioned order, the approved body may, after the company has been required to submit its observations, suspend the certificate until the declaration is transmitted.
"After obtaining the certificate and for the duration of its validity, the company shall inform the body that issued the certificate of any change that may alter the compliance with the terms and conditions of issue of the certificate set out in 1 of Article 8 of Regulation (EC) No 304/2008 within one month.
"The registered organization may withdraw the certificate when the undertaking that is a licensee no longer meets the conditions under which the certificate was issued. The withdrawal of the certificate can only take place after the company has been able to present its observations.
"Art. R. 521-64. - Fluorinated greenhouse gas distributors are required to transmit annually to the Agency for the Environment and Energy Control data on the quantities of fluorinated greenhouse gases marketed, stored, stored and retired.
"The nature and modalities for the transmission of this information are determined by order of Ministers responsible for the environment and industry.
"Art. R. 521-65. - The terms and conditions for the application of this subsection to activities under the secrecy of the national defence shall be determined by joint decree of the ministers responsible for the defence and the environment.
“Paragraph 5
"Specific provisions for fluorinated greenhouse gases used as dielectric in high voltage connection or solvent devices
"Art. R. 521-66.-People performing the recovery of fluorinated greenhouse gases in high-voltage connection appliances or the recovery of solvents based on fluorinated greenhouse gases each year address to the Environment and Energy Management Agency a statement of the amount of fluorinated greenhouse gases that they have recovered in order to process them. This statement mentions the identity, name or social reason and address of the operators of the destruction, recycling and regeneration facilities to which gases were delivered, the address of the facilities if different, and the quantities of each type of gas delivered in each facility.
"The nature and modalities for the transmission of this information are determined by order of Ministers responsible for the environment and industry.
“Paragraph 6
« Penal sanctions
"Art. R. 521-67.-East is punished by the fine provided for the contraventions of the third class:
« 1° For a distributor of fluorinated greenhouse gases, not comply with its information obligations, contrary to the provisions of Article R. 521-64;
« 2° For a company, not to send the information provided for in Article R. 521-63 to the approved body;
« 3° For persons performing the recovery of fluorinated greenhouse gases in high-voltage connection devices or the recovery of fluorinated greenhouse gas solvents, do not send to the Environment and Energy Control Agency the information provided for in article R. 521-66.
"Art. R. 521-68.-East is punished by the fine provided for the offences of the 5th class:
« 1° For a fixed fire protection equipment operator:
"to not comply with the provisions of Article R. 521-62;
"[translation] not to control the leakage of these equipment and not to take any measures to put an end to the leaks observed, in ignorance of paragraphs 1 and 2 of Article 3 of Regulation (EC) No. 842/2006;
« 2° For a company:
"(i) not to carry out the full recovery of fluorinated greenhouse gases during installation, maintenance, repair or dismantling, unaware of section 4, paragraph 1, of Regulation (EC) No. 842/2006;
"(i) not conduct the leakage checks of fixed fire protection systems in accordance with the provisions of Regulation (EC) No. 1497/2007;
"(i) the installation, maintenance or repair of fixed fire protection equipment containing fluorinated greenhouse gases without the certificate referred to in R. 521-60;
"to acquire fluorinated greenhouse gases on a cost-free basis without the holder of the certificate referred to in R. 521-60, contrary to the provisions of Article 5, paragraph 4, of Regulation (EC) No. 842/2006.
« 3° For an operator of equipment containing solvents based on fluorinated greenhouse gases or high-voltage connection appliances containing greenhouse gases, the failure to put in place appropriate measures for the recovery of fluorinated greenhouse gases in order to ensure the recycling, regeneration or destruction of the equipment, in ignorance of paragraph 1 of Article 4 of Regulation (EC) No. 842
« 4° For a distributor of fluorinated greenhouse gases, to assign fluorinated greenhouse gases to other users as mentioned in R. 521-57 free of charge.
"The recidivism of these contraventions is repressed in accordance with articles 132-11 and 132-15 of the Criminal Code. »
The schedule to the above-mentioned Order of 19 December 1997 is amended as follows:
In title I, the following entry is added:
| Book V | Accreditation of certificates to staff. Order of Ministers responsible for the environment and industry. | Article R. 521-59 |
| Book V | Accreditation of certification bodies to companies. Order of Ministers responsible for the environment and industry. | Article R. 521-60 |
The last paragraph of section R. 541-45 of the Environmental Code is replaced by the following:
"It is also excluded from these provisions that persons who hand over used batteries, electrical and electronic equipment wastes, to those who are required to take them back under articles R. 543-128-3, R. 543-129-3 and R. 543-130, R. 543-188 and R. 543-195 that come from them or to the bodies to which they transferred their obligations. In this case, the voucher is issued by the person required to return the wastes concerned or by the body to which that person transferred that obligation. »
The environmental code is amended to read:
I. ― In addition to article R. 543-75, a paragraph reads as follows:
"4° Perfluorocarbon category (PFC) (example: CF4 = PFC-14, C2 F6 = PFC-116...). »
II. ― It is added to article R. 543-75 to read as follows:
"This section does not apply:
– to ships flying the flag of a third State to the European Union;
– to vessels flying the flag of a Member State of the European Union outside the French ports and French maritime and territorial waters. »
III. ― The first paragraph of Article R. 543-76 is replaced by the following:
"Frigour fluid dispensers. Persons who cede on a costly or free basis, as part of a professional activity, refrigerant fluids to an operator, other distributors or to persons producing, in facilities under title I of this book, pre-loaded equipment containing such fluids. »
IV. ∙ Section R. 543-78 is replaced by the following:
"Art. R. 543-78. - Any equipment holder is required to carry out its charge in refrigerant fluid, its commissioning or any other operation carried out on this equipment that requires an intervention on the refrigeration circuit by an operator with the capacity certification provided for in Article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union and translated into French.
"The assembly of equipment or circuits containing or designed to contain refrigerant fluids, including the operation during which the pipes of refrigerant fluids are connected to complete a refrigeration circuit, is carried out by an operator with the certificate of capacity provided for in Article R. 543-99 or an equivalent certificate issued in one of the States members of the European Union and
"However, the use of an operator is not mandatory for the commissioning of hermetic circuit equipment, pre-loaded in refrigerant fluid, containing less than two kilograms of fluid as long as their commissioning consists exclusively of a connection to electrical, hydraulic or aeraulic networks. »
V. ― The first paragraph of section R. 543-79 is replaced by the following:
"The holder of equipment with a refrigerant fluid load greater than two kilograms shall, at the time of its commissioning, carry out a sealing check of the elements ensuring the containment of the refrigerant fluid by an operator with the capacity attestation provided for in Article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union and translated into French. »
VI. ∙ At the end of the second paragraph of article R. 543-82, a sentence is added as follows:
"The intervention sheet established during the commissioning of the equipment specifies, in addition, the contact information of the operator or company that has completed the assembly of the equipment and its capacity certificate number or, where applicable, its certificate number. »
VII. ―It is added to section R. 543-82 a paragraph as follows:
"The provisions of this section do not apply to refrigerant recovery operations performed on non-use equipment subject to the provisions of sections R. 543-156 to R. 543-165 or to the provisions of sections R. 543-179 to R. 543-206. »
VIII. ― Section R. 543-83 is replaced by the following:
"Art. R. 543-83. - Documents, records and records provided for in sections R. 543-79 to R. 543-82 may be prepared in electronic form. »
IX. ∙ Section R. 543-84 is replaced by the following:
"Art. R. 543-84. - Distributors may only give in on a costly or free basis and provide refrigerant fluids to other distributors, only to persons producing pre-loaded equipment containing such fluids in facilities under the provisions of Title I of this book, as well as to operators with the capacity attestation provided for in Article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union and »
X. ― The first paragraph of section R. 543-98 is replaced by the following:
"Distributors, producers of pre-loaded equipment and producers of refrigerant fluids are required to transmit annually to the Environment and Energy Control Agency the data relating to the quantities of refrigerant fluids marketed, stored, stored or withdrawn as appropriate. »
XI. ― Section R. 543-100 is replaced by the following:
"Art. R. 543-100. - Operators address each year to the organism that issued the certificate of capacity a statement relating to the previous calendar year and mentioning, for each refrigerant, the quantities:
« 1° Acquises ;
« 2° Chargees ;
« 3° Recovered ;
« 4° Cédées.
"This statement also mentions the stock status as of January 1 and December 31 of the previous calendar year. »
XII. ∙ Article R. 543-106 adds a last paragraph to read as follows:
"A joint decision of Ministers responsible for the environment and industry sets out the terms and conditions for the application of sections 5.3, 5.4 and 11 of Regulation (EC) No 303/2008. »
XIII. ― Effective 5 July 2011, the 3rd of Article R. 543-106 is deleted and the 2nd of that Article is replaced by the following:
« 2° A certificate equivalent to the certificate of fitness mentioned in 1°, issued in a Member State of the European Union and corresponding to the types of activities carried out and the types of equipment used. »
XIV. ― Section R. 543-114 is replaced by the following:
"Art. R. 543-114. - Authorized organizations shall make available to the Environment and Energy Control Agency, the public and distributors an up-to-date list of operators with a certificate of capacity. »
XV. ― In R. 543-119, the words: "the obligations of sections R. 543-84 to R. 543-90" are replaced by the words: "the obligations of sections R. 543-86 to R. 543-90".
XVI. ― 1° and 3° b of Article R. 543-122 are replaced by the following:
« 1° For a holder, where maintenance or repair operations require any intervention on the refrigeration circuit, to charge, commission, maintain or repair equipment without resorting to an operator with a certificate of capacity provided for in Article R. 543-99 or an equivalent certificate issued in one of the Member States of the European Union and translated into French, contrary to the provisions of Article R. 543-78; »
“(b) To acquire, on an expensive or free basis, refrigerant fluids without the holder of the certificate of capacity provided for in Article R. 543-99, or an equivalent certificate issued in one of the Member States of the European Union and translated into French, contrary to the provisions of Article R. 543-84; "
XVII. ― The second part of article R. 543-122 is deleted.
XVIII. ― At 8° of R. 543-123, the words: "unlike R. 543-94 to R. 543-96" are replaced by the words: "unlike R. 543-91 and R. 543-94 to R. 543-96. »
XIX. ― It is added to article R. 543-123 a 10° as follows:
« 10° For a distributor, to give free or expensive refrigerant fluids to an operator who does not have the certificate of capacity or an equivalent certificate issued in one of the Member States of the European Union and translated into French, contrary to the provisions of Article R. 543-84. »
XX. ― The 9th of Article R. 543-123 is replaced by the following:
« 9° For an operator to carry out the commissioning, maintenance, repair or maintenance, when these operations require any intervention on the refrigerating circuit, the leakage control or the dismantling of the equipment, the recovery and loading of the refrigeranting fluids, or any other operation requiring the handling of refrigerant fluids, without the holder of the certificate of capacity provided for in article 4399 »
XXI. ― In Section 6 of Chapter III of Title IV, the title "Subsection 5: Miscellaneous Provisions" becomes "Subsection 6: Miscellaneous Provisions" and the title "Subsection 6: Criminal Provisions" becomes "Subsection 7: Criminal Provisions".
A final paragraph is added to section R. 522-32 of the Environmental Code:
"The measures provided for in Article L. 522-14-2 are taken by decree of ministers responsible for the environment, health and work. »
In the last paragraph of section R. 521-1 of the Environmental Code, it is inserted after the word "renewal." » the following sentence:
"In the absence of an explicit decision after six months of receipt of the application, the application is deemed to be rejected. »
The Minister of Defence and Veterans Affairs, the Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Justice and Freedoms, the Minister of Economy, Finance and Industry, the Minister of Labour, Employment and Health,
Done on 13 April 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Defence,
and veterans,
Gérard Longuet
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
Minister of Economy,
finance and industry,
Christine Lagarde
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
Secretary of State
to the Minister of Labour,
employment and health,
Health Officer
Nora Berra
Secretary of State
to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
Secretary of State
to the Minister of Economy,
finance and industry,
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services,
liberal professions and consumption,
Frédéric Lefebvre
