Regulation To Protect Of The Climate From Changes Due To The Entry Of Certain Fluorinated Greenhouse Gases

Original Language Title: Verordnung zum Schutz des Klimas vor Veränderungen durch den Eintrag bestimmter fluorierter Treibhausgase

Read the untranslated law here: http://www.gesetze-im-internet.de/chemklimaschutzv/BJNR113900008.html

Regulation to protect of the climate from changes due to the entry of certain fluorinated greenhouse gases (chemicals climate protection regulation ChemKlimaschutzV) ChemKlimaschutzV Ausfertigung date: 02.07.2008 full quotation: "chemicals climate protection Ordinance of July 2, 2008 (BGBl. I p. 1139), by Article 434 of the Decree of 31 August 2015 (BGBl. I p. 1474) has been changed" stand: last modified by article 5 para 42 G v. 24.2.2012 I 212 Note: change Article 434 V v. 31.8.2015 I 1474 (No. 35) still not taken into account by the menu for details, refer to the stand number see notes *) the obligations arising under the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ EC No. L 204, p. 37), as last amended by Directive 2006/96/EC of the Council of 20 November 2006 (OJ EU no. L 363, p. 81), have been observed. Section 3 para 3 is the implementation of article 6 paragraph 3 of Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air conditioning systems in motor vehicles and amending Directive 70/156/EEC of the Council (OJ EU no. L 161, p. 12).
Footnote (+++ text detection from: 1.8.2008 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 40/2006 (CELEX Nr: 306 L 0040) accordance with the EGRL of 98 at the 34 (CELEX Nr: 398 L 0034) +++) input formula it prescribed for the Federal Government--on the basis of § 14 para 1 No. 3 letter a and b of the chemicals act as amended by the notice of June 20, 2002 (BGBl. I p. 2090), - on the basis of § 17 para 1 No. 1 (b) and no. 2 letter b , c and d in connection with paragraph 5 of the chemicals act as amended by the notice of June 20, 2002 (BGBl. I p. 2090), whose article 1 through article 1 No. 10 of the Act of May 20, 2008 (BGBl. I p. 922) has been modified is, after hearing the interested parties – on the basis of § 57 sentence 1 in conjunction with § 59 of the recycling and waste management act of 27 September 1994 (BGBl. I S. 2705) while respecting the rights of the Bundestag as well as - on the basis of section 24 para 1 Nos. 2 and 4 in conjunction with the sections 59 and 60 of the recycling and waste management act of 27 September 1994 (BGBl. I S. 2705) after consultation with stakeholders and respecting the rights of the Bundestag: § 1 scope of application (1) this Regulation shall apply in addition to Regulation (EC) No 842 / 2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (OJ EU no. L 161, p. 1).
(2) this regulation does not apply 1 on ships under foreign flag or on ships, for which the Federal Ministry of transport, building and urban development pursuant to § 10 of the flag law as amended by the notice of 26 October 1994 (BGBl. I S. 3140), most recently by article 326 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed, the Federal flag to first transfer travel through any other port has given the authority to conduct , 2. on board water vessels, insofar as the hometown of these vehicles in the scope of this regulation, as well as 3rd in aircraft which are not registered and approved within the scope of this regulation.

Article 2 definitions for the purposes of this regulation means 1 cold set factory completely manufactured refrigeration plant, where all parts leading refrigerant by flanges, bolts, or other, at least equivalent connections are tightly assembled.
2. specific loss of refrigerant refrigerant loss of an application as a percentage per year, of using the appropriate methods either overall from the parameters loss of refrigerant per year and refrigerant during initial Setup or from the parameters of refrigerant at initial operation, time and sum of refill amounts of refrigerant has been determined.
In addition, the definitions of in article 2 of Regulation (EC) apply no. 842 / 2006.

§ 3 preventing the outlet of fluorinated greenhouse gases in the atmosphere (1) stationary applications within the meaning of article 3 para 1 No. 842 / 2006 operating Regulation (EC), who make sure that in addition to the requirements of article 3 of Regulation (EC) of the specific loss of refrigerant application the following limit values does not exceed No. 842 / 2006 during normal operation: 1. in the case of cooling rates of at least 3 kg with a refrigerant 1% 2.
 
in the case of after June 30, 2008 at the site, applications built a) with a refrigerant under 10 kg 3% b) with a refrigerant 10 kg and 100 kg 2 percent c) with a refrigerant over 100 kilograms 1 percent 3.
 
in the case of after June 30, 2005 and June 30, 2008, at the site, applications built a) with a refrigerant under 10 kg 6% b) with a refrigerant 10 kg and 100 kg 4% c) with a refrigerant over 100 kilograms 2 per cent 4.
 
in the case of up to June 30, 2005 at the site, applications built a) with a refrigerant under 10 kg 8% b) with a refrigerant 10 kg and 100 kg 6% c) over 100 kg 4 percent with a refrigerant.
In the case of applications taken June 30, 2008, in operation up to the limits referred to in sentence 1 must be kept only from 1 July 2011. The operators of applications pursuant to sentence 1 shall ensure access to all detachable joints as long as this is technically possible and reasonable. Sentences 1 to 3 applications with hermetically sealed systems, which are marked as such and contain less than 6 kg fluorinated greenhouse gases, do not apply to 1 2 applications in deep coal mining and similar applications in days.
The competent authority may extend the period referred to in sentence 2 at the request of the operator, as far as taking into account the special circumstances of the case, compliance with the limits only at disproportionate time and effort is satisfiable.
(2) Whoever mobile bodies referred to in article 4 paragraph 3 of Regulation (EC) No. 842 / 2006 operates, which serve the cooling of goods during transport and at least three kilogram contain fluorinated greenhouse gases as refrigerants, has to check the facilities at least once every twelve months by means of appropriate device for leaks and without delay to eliminate detected leaks, from which escape fluorinated greenhouse gases, as long as this is technically feasible and not disproportionate costs associated with. Sentence 1 does not apply to 1 motor vehicles, whose regular Standort outside the scope of this regulation, is 2. refrigerated containers.
The leak tests and any repair work pursuant to sentence 1 the operator has to keep records, but at least type and quantity refilled or of recovered fluorinated greenhouse gases are to be documented.
(3) who services to the maintenance or repair of air conditioners in vehicles within the meaning of article 3 Nos. 1 and 3 of Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air conditioning systems in motor vehicles and amending Directive 70/156/EEC of the Council (OJ EU no. L 161 p. 12) are offered, must be filled only with fluorinated greenhouse gases such air-conditioning systems, from which a beyond the ordinary measure amount of the refrigerant has leaked, if before the leak has been fixed.
(4) the operator has the records referred to in article 3 paragraph 6 of Regulation (EC) after paragraph 2 to keep sentence 3 after they are created for at least five years and the competent authority upon request to submit no 842 / 2006 and the records.

Section 4 recovery and redemption of used substances (1) for the recovery of fluorinated greenhouse gases from products and equipment, according to article 4 paragraph 3 of Regulation (EC) No 842 / 2006 is the owner of a product or of the institution responsible. Responsible according to sentence 1, as well as those who for the recovery of fluorinated greenhouse gases from in-patient facilities under article 4 para 1 or containers referred to in article 4 paragraph 2 of Regulation (EC) No. 842 / 2006 are responsible, can transfer their obligations to third parties. Sentences 1 and 2 shall not apply to electrical and electronic equipment according to the sections 11 and 12 of the electrical and electronic equipment law of 16 March 2005 (Federal Law Gazette I p. 762), most recently by article 3 of the law of July 19, 2007 (BGBl. I S. 1462) is has been modified to handle and use are. Sentences 1 and 2 also do not apply to vehicles, which according to § 5 para 2 of the ELV regulation as amended by the notice of June 21, 2002 (Federal Law Gazette I p. 2214), most recently by article 364 of the Decree of 31 October 2006 (BGBl. I S. 2407) is has been modified to handle and use are.
(2) the manufacturer and distributor of fluorinated greenhouse gases are obliged to take them back after use or to ensure the withdrawal by a third party designated by them. Sentence 1 shall not apply as far as the provisions of the regulation on the disposal of used halogenated solvent by October 23, 1989 (BGBl. I S. 1918), by Article 7b of regulation by October 20, 2006 (BGBl. I p. 2298, 2007 I S. 2316) has been modified, to be applied.
(3) a person who takes back of fluorinated greenhouse gases 1. pursuant to paragraph 2 or 2nd as the operator of a waste disposal facility be disposed of, fluorinated greenhouse gases
has records to lead type and quantity of withdrawn or waste substances and preparations, as well as about their whereabouts. The records are after their creation for at least five years to be kept and to submit to the competent authority upon request. As far as the operator of a waste disposal plant according to paragraph 49 of the law of circulation management in conjunction with part 3 of the regulation by October 20, 2006 (Federal Law Gazette I p. 2298, 2007 I S. 2316), by article 4 of the law of July 19, 2007 (BGBl. I S. 1462) is changed, has to keep records about the disposal of fluorinated greenhouse gases, the required records are replaced by the register after the regulation. In this case is in the management of the register according to § 24 para 2 of the regulation in accompanying documents to be entered in the register in addition in the field "for notices" and for management of the register according to § 24 para 4 and 5 of regulation in addition to the indication of the waste key and the type of waste each of discarded fabric or the appropriate group of substances pursuant to annex I of to Regulation (EC) No. 842 / 2006 to name and to specify , whether a recovery or disposal took place. The provisions relating to the electronic detection and management of registers according to §§ 17 to 22 of the regulation apply corresponding with the proviso that they be reported for the additional information pursuant to sentence 4 required interfaces according to § 18 paragraph 1 sentence 2 of the regulation by the Federal Ministry for environment, nature conservation and nuclear safety.

§ 5 personal conditions for certain activities (1) in articles of 3, 4 and 5 1 of Regulation (EC) No. 842 / 2006 or activities listed in article 4, paragraph 1 and 2 may only be persons carried the 1 a the covering activity competence certificate referred to in paragraph 2 or a certificate acquired in another Member State of the European Community or in a Contracting State of the agreement on the European economic area pursuant to article 5 paragraph 2 sentence 3 of the Regulation () EC) 842 / 2006 can have no., 2. through the technical equipment required for the activity have, 3 are reliable, 4. in the case of installation, maintenance or service of installations referred to in article 3 paragraph 1 of Regulation (EC) No. 842 / 2006, one pursuant to section 6 or in another Member State of the European Community pursuant to article 5 paragraph 2 of Regulation (EC) No. 842 / 2006 for the activity certified are employed and 5 in case of leakage referred to in article 3 Paragraph 2 of Regulation (EC) No 842 / 2006 with regard to this activity are subject to any instructions.
Sentence 1 does not apply to the recovery of fluorinated greenhouse gases from products or equipment which could be used for military operations. Sentence 1 No. 1 shall not apply to persons, take part the 1st training course for the acquisition of a certificate of competence in accordance with the rules of a for the activity) article 4 paragraph 3 of Regulation (EC) No 303 / 2008 of 2 April 2008 establishing - in accordance with Regulation (EC) No 842 / 2006 of the European Parliament and of the Council - stationary refrigeration containing the minimum requirements for the certification of companies and personnel on certain fluorinated greenhouse gases , Air conditioners and heat pumps, as well as the conditions for the mutual recognition of the relevant certificates (OJ EU no. L 92 S. 3), b) article 4 paragraph 2 of Regulation (EC) No. 304 / 2008 of the Commission by 2 April 2008 laying down - in accordance with Regulation (EC) No. 842 / 2006 stationary fire protection systems containing of the European Parliament and the Council - the minimum requirements for the certification of companies and personnel on certain fluorinated greenhouse gases and fire extinguishers, as well as the conditions for mutual recognition of the relevant certificates (OJ EU no. L 92 S. 12), c) article 3 paragraph 2 of 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 - the minimum requirements for the certification of personnel engaged in activities related to the recovery of certain fluorinated greenhouse gases from high-voltage switchgear, and the conditions for mutual recognition of the relevant certificates (OJ EU no. L 92 S. 17), d) article 2 paragraph 2 of Regulation (EC) No 306 / 2008 of the Commission by 2 April 2008 laying down - in accordance with the Regulation (EC) Re WINS No 842 / 2006 of the European Parliament and the Council - the minimum requirements for the certification of personnel, the certain fluorinated greenhouse gases containing solvents from equipment, as well as the conditions for the mutual recognition of the relevant certificates (OJ EU no. L 92 S. 21) or e) article 2 paragraph 2 of Regulation (EC) No 307 / 2008 of 2 April 2008 establishing - in accordance with Regulation (EC) No 842 / 2006 of the European Parliament and of the Council - air conditioning systems containing the minimum requirements for training programmes and the conditions for mutual recognition of training certificates for personnel on certain fluorinated greenhouse gases in certain motor vehicles (OJ EU no. L 92 S. 25), 2. in the context of an activity within the meaning of article 2 paragraph 1 of Regulation (EC) No 303 / 2008 parts of a system or facility brazing, soldering or welding, in accordance with article 4 paragraph 3 point (b) of Regulation (EC) No. 303 / 2008 or 3 in plants, which a monitoring certificate within the meaning of § 14 of disposal specialist operating regulation by September 10, 1996 (BGBl. I p. 1421) , last by article 5 of the Decree of 24 June 2002 (BGBl. I S. 2247) is changed, have, fluorinated greenhouse gases from devices according to annex I of the waste electrical and electronic equipment act with a filling volume of less than three kilograms recover fluorinated greenhouse gases, in accordance with article 4 para 3 No. 303/2008 (2) a (c) of Regulation (EC) competence attesting to the qualifications for the particular activity will be issued to persons , the 1 in the case of activities on stationary refrigeration and air conditioning systems and heat pumps have successfully completed an technical or technical education empowering to the respective activity or in accordance with set 5 or section 5, paragraph 4, of the chemicals ozone layer regulation by November 13, 2006 (BGBl. I p. 2638), most recently by article 5 of the Decree of 9 November 2010 (BGBl. I S. 1504) has been modified , are exempt from the requirement of a technical or craft training and both a theoretical and practical examination referred to in article 5 (1) of Regulation (EC) No. 303 / 2008 passed have, 2. in the case of activities of equipment containing fluorinated greenhouse gases as a solvent, have successfully completed an technical or technical training empowering to the respective activity or exempt pursuant to sentence 5 of the requirement of a technical or craft training and both a theoretical and practical examination referred to in article 3 Passed paragraph 1 of Regulation (EC) No 306 / 2008, 3. in the case of activities of fire protection systems and fire extinguishers a theoretical and practical examination of paragraph 1 of Regulation (EC) No. 304 / 2008 have passed pursuant to article 5, 4. in the case of activities on high-voltage switchgear a theoretical and practical exam have passed paragraph 1 of Regulation (EC) No 305 / 2008 referred to in article 4 or 5 in the case of work on air conditioning systems in motor vehicles or other mobile refrigeration and air conditioning systems successfully referred to in article 3 (2) of Regulation (EC) No 307 / 2008 took part in a training program or the requirements referred to in point 1.
In case of recovery of fluorinated greenhouse gases from devices according to annex I of the waste electrical and electronic equipment act with a filling volume of at least three kilograms that a monitoring certificate within the meaning of § 14 of disposal specialist operating regulation by September 10, 1996 fluorinated greenhouse gases in factories, (BGBl. I p. 1421), most recently by article 5 of the Decree of 24 June 2002 (BGBl. I S. 2247) has been modified , have, enabling this activity technical or technical training is not required. The acceptance tests according to sentence 1 No. 1 to 4 and for the issue of certificates of competence the Chambers of Commerce and industry and chambers of Commerce as the competent bodies are entitled to according to article 71, paragraph 1 and 2 of the vocational training Act of 23 March 2005 (BGBl. I S. 931), most recently by article 9 b of the Act of September 7, 2007 (BGBl. I p. 2246) has been modified , the craft guilds, as far as them after § 33 para 1 sentence 3 of the handicrafts Regulation Act as amended by the notice of 24 September 1998 (BGBl. I p. 3074, 2006 I p. 2095), most recently by Article 9a of the Act of September 7, 2007 (BGBl. I p. 2246) is changed, have been authorized by the competent Chamber of crafts to the acceptance of checks, as well as recognised bodies by the competent authority pursuant to paragraph 3. The competent chambers of Commerce, industry and chambers of Commerce and craft guilds grant competence certificates about the qualification for the particular activity at the request of people who have a diploma acquired prior to July 4, 2008, a training course, which meets the requirements referred to in sentence 1, 1 or 2.
in the case of sentence 1 No. 1 to 4 a diploma referred to in point 1 demonstrate, that partially covers the requirements referred to in sentence 1 and passed a supplementary exam beyond theoretical and practical requirements.
The Chambers of Commerce competent pursuant to sentence 3 and industry and chambers of Commerce can free people 1 number 1 and 2 in individual cases at the request of the requirement of a technical or craft training pursuant to sentence, if the persons comply with the requirements for registration in the role of craft in a relevant trade or otherwise prove that they are comparably qualified for technical or craft activities. The competent Chamber of trade or Chamber of Commerce and industry may seek an opinion of the technically competent Guild or professional association before making a decision.
(3) the competent authority may a training or continuing education provider, a company or an operation at the request by issuing a relevant certificate as to the acceptance tests according to paragraph 2 sentence entitled acknowledge set 1 1 No. 1 to 4 and for the issue of certificates of competence referred to in paragraph 2, if and as far as the education and training, as well as the appropriate tests each in regulations (EC) No. 303 / 2008 , No. 304 / 2008, no. 305 / 2008, no. 306 / 2008 and no. 307 / 2008 requirements conform to and set up in the cases of paragraph 2 is set 1 No. 1 and 2 in a position to assess the suitability of a technical or craft training.

§ 6 certification of companies (1) the competent authority shall paragraph 1 of Regulation (EC) No 842 / 2006 install farms, the bodies referred to in article 3, wait or maintain, at the request of a certificate, in which at least the following information to include: 1 name and seat of the company, 2. designation of the site as well as the certified activities related to the site and its facilities, as well as 3. name of the authority , Date and signature.
(2) the certificate may only be issued if the applicant can prove that for the in paragraph 1 available to staff activities listed, that has the certificate of competence referred to in article 5. In the case of fire protection systems and fire extinguishers, it is to prove in addition, specifying the volume of activity to be expected per year are enough people available who have the competence certificate referred to in article 5, and the technical equipment necessary for their activity according to type and number is sufficient. A company, a registered EMAS location referred to in article 6 of Regulation (EC) no 761 / 2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ EC No. L 114, p. 1), most recently by Regulation (EC) No 196 / 2006 of the Commission by February 3, 2006 (OJ EU no. L 32 S. 4) has been modified, amended and carries out activities referred to in paragraph 1, receives the certificate referred to in paragraph 1, provided that the conditions of in sentences 1 and 2 are complied with and that pursuant to paragraph 1 No. 1 to 3 information required are shown out on the environmental statement or report on the audit,.

Article 7 labelling in German language who according to article 7 paragraph 2 of Regulation (EC) No. 842 / 2006 softener products and equipment for use in Germany in traffic brings, has referred to in article 7 paragraph 1 of Regulation (EC) No. 842 / 2006 in connection with article 2 of Regulation (EC) No. 1494 / 2007 of 17 December 2007 establishing the form of the indicator and the additional requirements of the labelling of products and equipment , containing certain fluorinated greenhouse gases, pursuant to Regulation (EC) No 842 / 2006 of the European Parliament and of the Council (OJ EU no. L 332 p. 25) to install mandatory labelling in German language and be attached to the user manual in German language.

§ 8 administrative offences (1) any person in the sense of § 26 para 1 No. 5 letter c of the chemicals Act who intentionally or negligently violates section 7 is, a designation not, not, not completely, brings in the prescribed manner or in a timely manner or adds a user manual not, not properly or in a timely manner.
(2) any person in the sense of § 26 para 1 No. 7 letter a of the chemicals Act is, who intentionally or negligently 1 contrary to section 3, subsection 1, sentence 1 does not ensure that the loss of refrigerant does not exceed a specified limit, does not ensure access to a junction 2. contrary to section 3, subsection 1, sentence 3, 3. contrary to section 3, paragraph 2, sentence 1 not or not timely checks a device or not or not timely eliminated a leak , filled air conditioning 4. contrary to article 3, para. 3, 5. contrary to § 4 para 1 sentence 1 in conjunction with article 4 not or not timely recovers no. 842 / 2006 fluorinated greenhouse gases para 3 and 4 of Regulation (EC) or 6 contrary to § 5 para 1 sentence 1 performs an there called activity.
(3) any person within the meaning of article 69, paragraph 1 point 8 of the circulatory economic law is who intentionally or negligently violates article 4, paragraph 2, sentence 1 does not take back fluorinated greenhouse gases or does not ensure the withdrawal by a third party.
(4) any person within the meaning of article 69, paragraph 2, point 15 of the circulatory economic law is who intentionally or negligently contrary to § 4 paragraph 3 sentence 1 or set 2 not, not properly or not takes a record of there called, kept not or at least five years or not or not timely submit.

Section 9 transitional provisions (1) a certificate of competence to § 5 para 1 sentence 1 is no. 1 to July 4, 2009 not necessary, unless the affected staff 1 in the case of activities on refrigeration and air-conditioning systems and heat pumps and their circuits training corresponding to no. 1 has the requirements according to article 5, paragraph 2, sentence 1 or is exempt in accordance with article 5, paragraph 2, sentence 5 or section 5, paragraph 4, of the chemicals ozone layer regulation from the requirement of a technical or craft training and already before the July 4, 2008 one or more in article 2 paragraph 1 of Regulation (EC) No. 303 / 2008 listed activities exercised, 2. in the case of activities at facilities, which is fluorinated greenhouse gases as solvents contain, one has the requirements according to article 5, paragraph 2, sentence 1 training corresponds to no. 2 or free according to § 5 paragraph 2 sentence 5 of the requirement of a technical or craft training and has exercised a corresponding activity before July 4, 2008 , 3. in the case of activities of fire protection systems and fire extinguishers before July 4, 2008 or in article 2 paragraph 1 of Regulation (EC) has carried out several no. 304 / 2008 listed activities, 4. in the case of activities on high-voltage switchgear before July 4, 2008 a corresponding activity exercised, 5. in the case of number 1 or number 3 the competence according to § 5 para 2 of the chemicals ozone layer regulation by November 13, 2006 (BGBl. I p. 2638) , last by article 5 of the Act of May 20, 2008 (Federal Law Gazette I p. 922) is changed, has.
If the affected staff in the case of activities already on air conditioning systems in motor vehicles has practical experience in relation to the activity before July 4, 2008, a certificate is not needed no. 1 until July 4, 2010 according to § 5 para 1 sentence 1. In case the recovery from devices according to annex I of the electrical and electronic equipment Act greenhouse gases fluorinated with a filling volume of at least three kilograms in establishments which have a monitoring certificate within the meaning of § 14 of disposal specialist operating regulation, establishing a training corresponding according to § 5 para 2 sentence 1 No. 1 is not required.
(2) on the 4th July 2009, can the entities referred to in article 5, paragraph 2, sentence 3 in justified cases upon request instead of in section 5, paragraph 1, sentence 1 provisional certificates issue No. 1 mentioned competence certificates, if the applicant 1 in the case of activities on refrigeration and air conditioning systems and heat pumps the requirements referred to in paragraph 1 sentence 1 No. 1, 2. in the case of activities of fire protection systems and fire extinguishers meet the requirements pursuant to paragraph 1 sentence 1 No. 3. The provisional certificate No. 1 is in the case of sentence 1 till July 4, 2011, in the case of sentence 1 No. 2 on to be a maximum up to July 4, 2010.
(3) a certificate is not required until July 4, 2009, according to § 6 If an operation is already a 1 in the case of refrigeration and air-conditioning systems and heat pumps and their circuits before July 4, 2008 or paragraph 2 of Regulation (EC) one of several no. 303 / 2008 listed activities, or 2. in the case of fire protection systems and fire extinguishers in article 2 or of paragraph 2 of Regulation (EC) has exercised several no. 304 / activities 2008 listed in article 2.

section 9a (1) on an application for a competence certificate referred to in article 5, paragraph 2, sentence 1 or set of 4, 1 2 release according to § 5 paragraph 2 sentence 5, 3. granting a certificate referred to in article 5, paragraph 3, or article 6, paragraph 1 or 4. issuing a provisional certificate referred to in article 9, paragraph 2
is each within a period of three months to decide; section 42a paragraph 2 sentence 2 to 4 of the Administrative Procedure Act applies. The procedure for the granting of certificates and a liberation can be handled via a single point each. The certificates and immunities pursuant to sentence 1 apply in the entire Federal territory.
(2) for the purposes of this regulation, verification of the fulfilment of requirements of the training are same number 1 or number 2, that have been issued in another Member State of the European Union or in another Contracting State to the agreement on the European economic area, domestic evidence according to § 5 paragraph 2 sentence 1, as far as they are equivalent.
(3) in the case of the examination of an application for an exemption according to article 5, paragraph 2, set of 5, or an application for a certificate referred to in article 5, paragraph 3 evidence from another Member State of the European Union or another Contracting State to the agreement on the European economic area are equally domestic evidence from them stating that the petitioner the relevant requirements for the granting of an exemption according to article 5, paragraph 2, sentence 5, or for the grant of a certificate referred to in article 5, paragraph 3 or she meets on the basis of their objective in essentially comparable requirements of the issuing State.
(4) evidence within the meaning of paragraphs 2 and 3 shall be provided the competent authority with application in the original or copy. A certification of the copy, as well as a certified German translation may be required.

Article 10 entry into force this regulation enters into force on August 1, 2008.

Concluding formula the Federal Council has approved.