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Regulation to protect the climate from changes caused by the entry of certain fluorinated greenhouse gases

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

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Regulation to protect the climate from changes caused by the entry of certain fluorinated greenhouse gases (Chemical Climate Protection Ordinance-ChemClimate Protection Ordinance)

Unofficial table of contents

Chemical Climate Protection

Date of completion: 02.07.2008

Full quote:

" Chemical-Climate Protection Ordinance of 2 July 2008 (BGBl. 1139), as defined by Article 434 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status: Last amended by Art. 5 Abs. 42 G v. 24.2.2012 I 212
Note: Amendment by Art. 434 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes
*)
The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C EC No 37), as last amended by Council Directive 2006 /96/EC of 20 November 2006 (OJ L 327, 22.12.2006, p. EU No 81), have been observed. Section 3 (3) is intended to implement Article 6 (3) of Directive 2006 /40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70 /156/EEC (OJ L 378, 27.11.2006, p. EU No L 161 p. 12).

Footnote

(+ + + Text proof: 1.8.2008 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGRL 40/2006 (CELEX Nr: 306L0040)
Consideration of
ERL 34/98 (CELEX Nr: 398L0034) + + +)

Unofficial table of contents

Input formula

It decrees the Federal Government
-
pursuant to section 14 (1) (3) (a) and (b) of the Chemicals Act, as amended by the Notice of 20 June 2002 (BGBl. 2090),
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pursuant to section 17 (1) (b) and (2) (b), (c) and (d) in conjunction with paragraph 5 of the Chemicals Act, as amended by the Notice of 20 June 2002 (BGBl. 2090), paragraph 1 of which is Article 1 (10) of the Law of 20 May 2008 (BGBl I). 922), after consultation of the parties concerned,
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Due to § 57 sentence 1 in conjunction with § 59 of the Circular Economic and Waste Act of 27 September 1994 (BGBl. 2705), with due respect for the rights of the Bundestag and
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pursuant to section 24 (1) (2) and (4) in conjunction with § § 59 and 60 of the German Circular Economy and Waste Act of 27 September 1994 (BGBl. 2705) after consultation of the parties concerned and with due regard for the rights of the Bundestag:
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§ 1 Scope

(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 L 210, 31.7.2006, p. EU No 1). (2) This Regulation shall not apply
1.
on seagoing ships under a foreign flag or on seagoing ships, for which the Federal Ministry of Transport, Building and Urban Development pursuant to Section 10 of the Flag Law Act, as amended by the announcement of the 26. October 1994 (BGBl. 3140), as last amended by Article 326 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), has given the authority to lead the Federal flag to another port on the first transfer journey,
2.
on board watercraft, provided that the place of origin of such vehicles is not within the scope of this Regulation, and
3.
in aircraft which are not registered and registered within the scope of this Regulation.
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§ 2 Definitions

For the purposes of this Regulation:
1.
Calteset
factory-produced refrigeration equipment, in which all refrigerants carrying parts are tightly assembled by means of flanges, screw connections or other, at least equivalent compounds;
2.
Specific refrigerant loss
Refrigerant loss of an application as a percentage per year, which by means of appropriate methods either from the parameters of total refrigerant loss per year and refrigerant filling quantity during initial start-up or from the parameters refrigerant filling quantity has been determined for the first time, the time and the sum of the refill quantities of refrigerants.
Furthermore, the definitions in Article 2 of Regulation (EC) No 842/2006 shall apply. Unofficial table of contents

§ 3 Prevention of the exit of fluorinated greenhouse gases into the atmosphere

(1) Anyone who operates fixed applications within the meaning of Article 3 (1) of Regulation (EC) No 842/2006 shall ensure that, in addition to the requirements of Article 3 of Regulation (EC) No 842/2006, the specific refrigerant loss of the Use during normal operation does not exceed the following limit values:

1. in the case of refrigerated sets with a refrigerant filling quantity of at least 3 kilograms 1 percent
2. in the case of applications established at the place of installation after 30 June 2008
a) With a refrigerant filling quantity of less than 10 kilograms 3 percent
b) With a refrigerant filling quantity of 10 to 100 kilograms 2 percent
c) With a refrigerant filling quantity of more than 100 kilograms 1 percent
3. in the case of applications established after 30 June 2005 and by 30 June 2008 at the place of installation,
a) With a refrigerant filling quantity of less than 10 kilograms 6 percent
b) With a refrigerant filling quantity of 10 to 100 kilograms 4 percent
c) With a refrigerant filling quantity of more than 100 kilograms 2 percent
4. in the case of applications established at the site of the site up to 30 June 2005
a) With a refrigerant filling quantity of less than 10 kilograms 8 percent
b) With a refrigerant filling quantity of 10 to 100 kilograms 6 percent
c) With a refrigerant filling quantity of more than 100 kilograms 4 percent.

In the case of applications put into service up to 30 June 2008, the limit values set out in the first sentence shall not be complied with until 1 July 2011. The operators of applications referred to in the first sentence shall have access to all the detachable connecting points, provided that this is technically possible and reasonable. The rates 1 to 3 shall not apply to:
1.
applications with hermetically sealed systems which are labelled as such and contain less than six kilograms of fluorinated greenhouse gases,
2.
Applications in coal depth mining and similar applications underground.
The competent authority may, at the request of the operator, extend the time limit referred to in the second sentence, in so far as the limit values can be fulfilled only with disproportionate effort, taking into account the particular circumstances of the individual case. (2) The institutions shall have at least three kilograms of fluorinated greenhouse gases as refrigerants, as referred to in Article 4 (3) of Regulation (EC) No 842/2006, which shall contain at least three kilograms of fluorinated greenhouse gases as refrigerants. to check for tightness once every twelve months by means of appropriate equipment; and Any leaks detected from which fluorinated greenhouse gases escape shall be eliminated immediately, provided that this is technically possible and not at disproportionate cost. Sentence 1 shall not apply to:
1.
motor vehicles, the regular location of which is outside the scope of this Regulation;
2.
Refrigerated container.
The operator shall keep records of the leak tests and any repair work carried out in accordance with the first sentence of the first sentence, with at least the nature and quantity of refilled or recovered fluorinated greenhouse gases to be documented. (3) Maintenance or repair of air-conditioning systems in vehicles within the meaning of Article 3 (1) and (3) of Directive 2006 /40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending the Council Directive 70 /156/EEC (OJ L 80, 23.4.70, EU No 12), such air-conditioning systems, from which a quantity of the refrigerant exceeds the usual amount, may only be filled with fluorinated greenhouse gases if the leak has been removed beforehand. (4) The operator shall have: keep the records referred to in Article 3 (6) of Regulation (EC) No 842/2006 and the records referred to in the third sentence of paragraph 2 after they have been drawn up for a period of at least five years and to submit them upon request to the competent authority. Unofficial table of contents

Section 4 Reproduction and withdrawal of used substances

(1) For the recovery of fluorinated greenhouse gases from products and equipment as referred to in Article 4 (3) of Regulation (EC) No 842/2006, the owner of the product or the establishment shall be responsible. The responsible persons referred to in the first sentence and those responsible for the recovery of fluorinated greenhouse gases from stationary facilities as referred to in Article 4 (1) or in the containers referred to in Article 4 (2) of Regulation (EC) No 842/2006 may be responsible for: To fulfil their obligations to third parties. The first and second sentences do not apply to electrical and electronic equipment, which according to § § 11 and 12 of the Electrical and Electronic Equipment Act of 16 March 2005 (BGBl. 762), as last amended by Article 3 of the Law of 19 July 2007 (BGBl I). 1462), which have been amended, to be treated and to be used. Moreover, the first and second sentences do not apply to end-of-life vehicles which, according to Article 5 (2) of the End-of-Life Vehicles Regulation, are published in the version of the notice of 21 June 2002 (BGBl. 2214), which was last amended by Article 364 of the Regulation of 31 December 2008. October 2006 (BGBl. 2) The manufacturers and distributors of fluorinated greenhouse gases shall be obliged to withdraw them after use or to withdraw them by a third party designated by them. to ensure. Sentence 1 shall not apply to the extent to which the provisions of the Regulation on the disposal of used halogenated solvents of 23. October 1989 (BGBl. 1918), as defined by Article 7b of the Regulation of 20 December 2008. October 2006 (BGBl. I p. 2298, 2007 I p. 2316). (3)
1.
shall take back fluorinated greenhouse gases in accordance with paragraph 2, or
2.
, as the operator of a disposal facility, it disposes of fluorinated greenhouse gases,
shall keep records of the nature and quantity of substances and preparations withdrawn or disposed of, and of their whereaby. The records shall be kept for a period of at least five years and shall be submitted to the competent authority upon request. As far as the operator of a disposal facility pursuant to § 49 of the Circular Economic Law in conjunction with Part 3 of the detection regulation of 20. October 2006 (BGBl. I p. 2298, 2007 I p. 2316), as defined by Article 4 of the Law of 19 July 2007 (BGBl. 1462), where the disposal of fluorinated greenhouse gases is to be kept in register, the necessary records shall be replaced by the registers in accordance with the Regulation on the detection of greenhouse gases. In this case, in the case of the management of the register in accordance with section 24 (2) of the detection regulation in the accompanying documents to be entered in the register, in addition in the field "Frei for endorsements" and in the case of the management of the registers in accordance with § 24 (4) and (5) of the Identification of the waste key and the type of waste disposal of the substance or group of substances listed in Annex I to Regulation (EC) No 842/2006 as well as indicating whether recovery or disposal took place. The provisions for electronic proof and register management in accordance with § § 17 to 22 of the detection regulation shall apply with the proviso that the interfaces required for the additional information provided for in the fourth sentence of sentence 4 are provided for in accordance with section 18 (3) (c) of the Regulation. 1 sentence 2 of the detection regulation is announced by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Unofficial table of contents

§ 5 Personal requirements for certain activities

(1) The activities referred to in Articles 3, 4 and 5 (1) of Regulation (EC) No 842/2006 or in Article 4 (1) and (2) may only be carried out by persons who:
1.
a certificate of proof referred to in paragraph 2, covering the activity in question, or an equivalent in another Member State of the European Community or in a Contracting State to the Agreement on the European Economic Area the certificate referred to in the third sentence of Article 5 (2) of Regulation (EC) No 842/2006,
2.
have the technical equipment required to carry out the activity,
3.
are reliable,
4.
in the case of the installation, maintenance or maintenance of installations referred to in Article 3 (1) of Regulation (EC) No 842/2006, in a Member State of the European Community pursuant to Article 6 or in another Member State of the European Community pursuant to Article 5 (2) of Regulation (EC) No 842/2006 for the activity certified in question, and
5.
shall not be subject to any instructions in respect of such activity in the event of tightness control in accordance with Article 3 (2) of Regulation (EC) No 842/2006.
Sentence 1 shall not apply to the recovery of fluorinated greenhouse gases from products or equipment used for military operations. The first sentence of paragraph 1 shall not apply to persons who:
1.
participate in a training course for the purpose of obtaining a certificate of proof of proof, in accordance with the rules of the activity applicable to the activity in question;
a)
Article 4 (3) (a) of Commission Regulation (EC) No 303/2008 of 2 April 2008 laying down, in accordance with Regulation (EC) No 842/2006 of the European Parliament and of the Council, the minimum requirements for the certification of Undertakings and staff relating to stationary refrigeration systems, air-conditioning systems and heat pumps containing fluorinated greenhouse gases, and the conditions for the mutual recognition of allowances in this respect (OJ L 327, 30.4.2004, p. EU No L 92 p. 3),
b)
Article 4 (2) of Commission Regulation (EC) No 304/2008 of 2 April 2008 laying down, in accordance with Regulation (EC) No 842/2006 of the European Parliament and of the Council, the minimum requirements for the certification of undertakings, and Staff relating to fixed fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases, and the conditions for the mutual recognition of allowances in this respect (OJ L 327, 30.4.2004, p. EU No 12),
c)
Article 3 (2) of Commission Regulation (EC) No 305/2008 of 2 April 2008 laying down, in accordance with Regulation (EC) No 842/2006 of the European Parliament and of the Council, the minimum requirements for the certification of personnel, the minimum requirements for the certification of staff, the Activities related to the recovery of certain fluorinated greenhouse gases from high-voltage switchgear, as well as the conditions for the mutual recognition of the relevant certificates (OJ L 327, 30.4.2004, p. EU No 17),
d)
Article 2 (2) of Commission Regulation (EC) No 306/2008 of 2 April 2008 laying down, in accordance with Regulation (EC) No 842/2006 of the European Parliament and of the Council, the minimum requirements for the certification of personnel, the minimum requirements for the certification of staff, the the recovery of certain fluorinated greenhouse gas-containing solvents from equipment and the conditions for the mutual recognition of the relevant certificates (OJ L 327, 30.4.2004, p. EU No 21) or
e)
Article 2 (2) of Commission Regulation (EC) No 307/2008 of 2 April 2008 laying down-in accordance with Regulation (EC) No 842/2006 of the European Parliament and of the Council-the minimum requirements for training programmes and conditions for the mutual recognition of training certificates for personnel with regard to certain fluorinated greenhouse gas-containing air-conditioning systems in certain motor vehicles (OJ L 327, 30.4.2004, p. EU No L 92 p. 25),
2.
in the context of an activity within the meaning of Article 2 (1) of Regulation (EC) No 303/2008, parts of a system or establishment of brazing, soft soldering or welding, in accordance with Article 4 (3) (b) of Regulation (EC) No 303/2008, or
3.
in establishments which have a monitoring certificate within the meaning of Section 14 of the Disposal Specialist's Ordinance on Waste Disposal of 10 September 1996 (BGBl. 1421), as last amended by Article 5 of the Regulation of 24 June 2002 (BGBl I). 2247), have regained fluorinated greenhouse gases from equipment listed in Annex I of the Electrical and Electronic Equipment Act, with a filling quantity of less than three kilograms of fluorinated greenhouse gases, in accordance with the provisions of Article 4 Article 3 (3) (c) of Regulation (EC) No 303/2008.
(2) A certificate of proof of competence for the activity in question shall be issued to persons who:
1.
in the case of activities carried out on stationary refrigeration and air-conditioning systems and heat pumps, have successfully completed a technical or craft training capable of carrying out the relevant activities or, in accordance with the provisions of sentence 5 or § 5 (4) of the Chemicals-Ozone Layer Ordinance of 13 November 2006 (BGBl. 2638), as last amended by Article 5 of the Regulation of 9 November 2010 (BGBl I). 1504), have been exempted from the requirement of technical or craft training and have in each case passed a theoretical and practical examination in accordance with Article 5 (1) of Regulation (EC) No 303/2008,
2.
in the case of activities carried out on establishments containing fluorinated greenhouse gases as solvents, have successfully completed a technical or craft training capable of carrying out the activity, or, in accordance with the fifth sentence, from the requirement have been exempted from technical or craft training and have in each case passed a theoretical and practical examination in accordance with Article 3 (1) of Regulation (EC) No 306/2008,
3.
have passed a theoretical and practical examination in accordance with Article 5 (1) of Regulation (EC) No 304/2008 in the case of activities on fire protection systems and fire extinguishers,
4.
in the case of activities in high-voltage switchgear, there has been a theoretical and practical examination in accordance with Article 4 (1) of Regulation (EC) No 305/2008, or
5.
have successfully participated in a training programme referred to in Article 3 (2) of Regulation (EC) No 307/2008 in the case of activities on air-conditioning systems in motor vehicles or other mobile refrigeration and air-conditioning systems, or the conditions for Number 1.
In the case of the recovery of fluorinated greenhouse gases from equipment in accordance with Annex I of the Electrical and Electronic Equipment Act, with a filling quantity of at least three kilograms of fluorinated greenhouse gases in establishments which are subject to a monitoring certificate in the The terms of § 14 of the Waste Management Ordinance of 10 September 1996 (BGBl. 1421), as last amended by Article 5 of the Regulation of 24 June 2002 (BGBl I). 2247), it is not necessary to have a technical or craft training which is capable of carrying out this activity. The Chambers of Craftings and Chambers of Industry and Commerce are entitled to take examinations pursuant to the first sentence of the first sentence of 1 to 4 and to issue certificates of expertise as competent bodies in accordance with Section 71 (1) and (2) of the Vocational Training Act of 23 March. 2005 (BGBl. 931), as last amended by Article 9b of the Law of 7 September 2007 (BGBl). 2246), as amended by Section 33 (1) sentence 3 of the Craft Regulations, as amended by the Notice of 24 September 1998 (BGBl). I p. 3074, 2006 I p. 2095), as last amended by Article 9a of the Law of 7 September 2007 (BGBl. 2246), have been authorized by the competent Chamber of Craftmanship to carry out tests, and the bodies recognised by the competent authority in accordance with paragraph 3. The competent chambers of crafts, chambers of industry and commerce and craft records shall also grant certificates of competence for the qualification of the activity concerned on request, including persons who:
1.
a certificate of training acquired before 4 July 2008 of a training course corresponding to the requirements set out in the first sentence of paragraph 1, or
2.
in the case of the sentence 1 (1) to (4), the certificate referred to in point 1, which partially covers the requirements set out in the first sentence, and which has passed an additional examination of the theoretical and practical requirements which exceed it.
The Chambers of Crafts and Chambers of Commerce and Industry and Chambers of Industry and Commerce in accordance with the third sentence may, on a case-by-case basis, exempt persons from the requirement of a technical or craft training as defined in the first and second sentences of the first subparagraph, provided that the persons concerned To qualify for registration in the craft sector in a relevant craft, or to prove otherwise, that they are qualified to be comparable to technical or craft activities. Before taking a decision, the competent Chamber of Trade or Industry and Commerce may obtain an opinion from the competent Innung or the Professional Association. (3) The competent authority may have an education or training institution, a If, on request, undertakings or an establishment have the right to accept, by issuing a certificate corresponding to the acceptance of the tests referred to in the first sentence of the first sentence of paragraph 2, and to issue certificates of proof referred to in the first sentence of paragraph 2, the right to accept that, if and as far as the training and trainings carried out there, as well as the relevant In the cases referred to in the first sentence of paragraph 2, tests shall be in accordance with the respective requirements laid down in Regulations (EC) No 303/2008, 304/2008, 305/2008, 306/2008 and 307/2008 and the establishment in the cases referred to in the first sentence of paragraph 2 shall be capable of: To assess the suitability of a technical or craft training. Unofficial table of contents

§ 6 Certification of companies

The competent authority shall grant to establishments which install, maintain or maintain the facilities referred to in Article 3 (1) of Regulation (EC) No 842/2006, upon request, a certificate to which at least the following information is to be included:
1.
the name and seat of the holding,
2.
designation of the location and the certified activities related to the location and its facilities, as well as
3.
Name of authority, date and signature.
(2) The certificate may only be issued if the applicant proves that the activities listed in paragraph 1 are available to staff who have the certificate of expertise referred to in § 5. In the case of fire protection systems and fire extinguishers, it shall be demonstrated, in addition to the annual number of activities to be expected, that sufficient persons are available who have the certificate of expertise referred to in § 5, and the type and number of technical equipment required for the operation of such equipment is sufficiently available. An establishment which is a registered EMAS location in accordance with Article 6 of Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community scheme for the Environmental management and audit (EMAS) (OJ C 139, 30.4.2004, p. EC No 1), as last amended by Commission Regulation (EC) No 196/2006 of 3 February 2006 (OJ L 378, 27.12.2006, p. EU No 4), as amended, and pursues the activities referred to in paragraph 1, the certificate referred to in paragraph 1 shall be awarded, provided that the environmental statement or the environmental audit report shows that the The conditions laid down in the first and second sentences shall be met and the information required under paragraph 1 (1) to (3) shall be shown. Unofficial table of contents

§ 7 Labelling in German

Those who place on the market the products and equipment which are subject to labelling pursuant to Article 7 (2) of Regulation (EC) No 842/2006 for use in Germany shall be subject to the requirements laid down in Article 7 (1) of Regulation (EC) No 842/2006, in conjunction with Article 2 Commission Regulation (EC) No 1494/2007 of 17 December 2007 establishing the format of the marks and additional requirements for 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 L 210, 31.7.2006, p EU No 25) must be affixed to the German language and must be accompanied by the instruction manual in German. Unofficial table of contents

§ 8 Administrative Offences

(1) An administrative offence within the meaning of Section 26 (1) (5) (c) of the Chemicals Act shall be the person who, intentionally or negligently, does not, contrary to § 7, not, not correct, not complete, not in the prescribed manner or not (2) acts in a timely manner in accordance with Section 26 (1) (7) (a) of the Chemicals Act, who intentionally or negligently
1.
Contrary to § 3 (1) sentence 1, the loss of refrigerant does not ensure that the loss of refrigerant does not exceed a limit value,
2.
Contrary to Article 3 (1) sentence 3, access to a liaison office shall not be ensured;
3.
, contrary to the first sentence of Article 3 (2), an institution shall not, or shall not be checked in due time, or shall not remedy any leak in time,
4.
, contrary to § 3 (3), air-conditioning is filled
5.
Contrary to Article 4 (1) sentence 1 in conjunction with Article 4 (3) and (4) of Regulation (EC) No 842/2006, greenhouse gases are not regained or are not recovered in due time, or
6.
shall carry out any activity referred to in paragraph 5 (1) sentence 1.
(3) In the sense of Section 69 (1) (8) of the Circular Economic Act, who intentionally or negligently does not take back fluorinated greenhouse gases in breach of § 4 (2) sentence 1, or who does not accept the withdrawal by a third party, (4) An administrative offence within the meaning of Section 69 (2) point 15 of the Circular Economic Law, who intentionally or negligently does not, contrary to § 4, paragraph 3, sentence 1 or sentence 2, does not have a record, not correct or not, is kept in full, not or not at least five years, or not, or not in time shall be presented. Unofficial table of contents

§ 9 Transitional provision

(1) A certificate of proof in accordance with section 5 (1) sentence 1 no. 1 shall not be required until 4 July 2009, provided that the staff concerned are
1.
in the case of activities in refrigeration and air-conditioning systems and heat pumps and their cycles, a training corresponding to the requirements of Article 5 (2), first sentence, no. 1, or in accordance with § 5 (2) sentence 5 or § 5 (4) of the Chemical ozone layer regulation is exempt from the requirement of technical or craft training and already before 4 July 2008 one or more of the activities listed in Article 2 (1) of Regulation (EC) No 303/2008 ,
2.
in the case of activities carried out in establishments containing fluorinated greenhouse gases as solvents, a training corresponding to the requirements of Article 5 (2), second sentence, point 2, or, in accordance with Article 5 (2), sentence 5, from the requirement of a technical or craft training, and has already carried out such activities before 4 July 2008,
3.
in the case of activities carried out on fire protection systems and fire extinguishers, before 4 July 2008, one or more of the activities listed in Article 2 (1) of Regulation (EC) No 304/2008,
4.
in the case of activities carried out on high-voltage switchgear, a corresponding activity has already been carried out before 4 July 2008,
5.
in the case of point 1 or number 3, in accordance with Section 5 (2) of the Chemical Ozone Layer Ordinance of 13 November 2006 (BGBl. 2638), as last amended by Article 5 of the Law of 20 May 2008 (BGBl I). 922), has been amended.
If the personnel concerned already have practical experience with regard to the activity in the case of activities on air-conditioning systems in motor vehicles before 4 July 2008, a certificate according to § 5 (1) sentence 1 no. 1 to 4 July 2010 shall be issued. is not required. In the case of recovery from equipment in accordance with Annex I of the Electrical and Electronic Equipment Act, with a filling quantity of at least three kilograms of fluorinated greenhouse gases in establishments which are subject to a monitoring certificate within the meaning of § 14 of the Disposal subject to the regulation of disposal, the proof of a training corresponding to the provisions of § 5 (2) sentence 1 no. 1 is not required. (2) In addition to the 4. July 2009, the bodies referred to in § 5 (2) sentence 3 may, in justified cases, be able to Provisional application instead of the expert certificates referred to in Article 5 (1), first sentence, point 1, provisional Issuing certificates shall be issued where the applicant
1.
in the case of refrigeration and air-conditioning equipment and heat pumps, the requirements referred to in the first sentence of paragraph 1,
2.
in the case of activities in fire protection systems and fire extinguishers, the requirements referred to in the first sentence of paragraph 1, point 3
is fulfilled. In the case of the first sentence, the provisional certificate shall be limited to a maximum period of up to 4 July 2011 in the case of the first sentence of 1 no. 2, to a maximum of until 4 July 2010. (3) A certificate in accordance with § 6 shall not be required until 4 July 2009, if a holding is already in place before 4 July 2008
1.
in the case of refrigeration and air-conditioning systems and heat pumps and their circuits, one or more of the activities listed in Article 2 (2) of Regulation (EC) No 303/2008; or
2.
in the case of fire protection systems and fire extinguishers, one or more of the activities referred to in Article 2 (2) of Regulation (EC) No 304/2008
. Unofficial table of contents

§ 9a

(1) On a request for
1.
the issuing of an examination certificate pursuant to Article 5 (2), first sentence, or sentence 4,
2.
Exemption pursuant to Article 5 (2) sentence 5,
3.
Issue of a certificate pursuant to § 5 (3) or § 6 (1) or
4.
Issuing of a provisional certificate pursuant to § 9 (2)
is to be decided within a period of three months; Section 42a (2) sentences 2 to 4 of the Administrative Procedure Act shall apply. The procedures for issuing certificates and waiver may be carried out by a single entity. The certificates and exemptions provided for in the first sentence shall apply throughout the territory of the Federal Republic of Germany. (2) For the purposes of this Regulation, proof of compliance with the requirements of the training referred to in Article 5 (2), first sentence, point 1 or point 2, shall apply in accordance with the provisions of the following: has been issued to another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, domestic references shall be equal to those of which they are equivalent. (3) Application for a waiver pursuant to Article 5 (2) sentence 5 or an application for grant a certificate referred to in Article 5 (3) shall be accompanied by evidence from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, if it emerges from them, the applicant must meet the requirements for the granting of a waiver pursuant to Article 5 (2) sentence 5 or for the issue of a certificate pursuant to § 5 (3) or the substantially comparable requirements for the purpose of its objective of the issuing State. (4) The evidence referred to in paragraphs 2 and 3 shall be evidence of the following: competent authority when submitting an application in the original or in copies. A certification of the copy as well as a certified German translation can be requested. Unofficial table of contents

Section 10 Entry into force

This Regulation shall enter into force on 1 August 2008. Unofficial table of contents

Final formula

The Federal Council has agreed.