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Rules For Special Restrictions And Prohibitions On Transactions With Ozone Depleting Substances And Fluorinated Greenhouse Gases

Original Language Title: Noteikumi par īpašiem ierobežojumiem un aizliegumiem attiecībā uz darbībām ar ozona slāni noārdošām vielām un fluorētām siltumnīcefekta gāzēm

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Cabinet of Ministers Regulations No. 563 in Riga, July 12, 2011 (pr. No 43 42) provisions for special restrictions and prohibitions on transactions with ozone depleting substances and fluorinated greenhouse gases Issued under the chemicals Act and article 16 Cabinet equipment law article 31, first paragraph, point 3 i. General questions 1. specific restrictions and prohibitions relating to transactions with an ozone-depleting substances and fluorinated greenhouse gases as well as the institution of the European Parliament and of the Council of 16 September 2009. Regulation (EC) No 1005/2009 of the ozone-depleting substances (hereinafter Regulation No 1019/2009) of the European Parliament and of the Council of 17 May 2006 Regulation (EC) No 842/2006 on certain fluorinated greenhouse gases (hereinafter Regulation No 842/2006) requirements.
2. Economic operators and the bodies which carry out activities under Regulation No 1019/2009 referred to in annexes I and II ozone depleting substances and Regulation No. 842/2006 referred to in annex I to the fluorinated greenhouse gases (except for the production, import or export) each year to 31 March the State limited liability company "Latvian environment, geology and Meteorology Centre" presented an overview of activities during the previous year with ozone depleting substances and fluorinated greenhouse gases (annex 1).
3. The national environmental services control regulation no 1019/2009 4., 5., 6., 7., 8., article 1, paragraph 2 and 3, article 9, article 10, paragraphs 3 and 4, article 11 1, 2, 3, 4, 5, 6, and 7, paragraph 1 and article 13, paragraph 3, article 22, paragraphs 2 and 4, article 23 1, 2, 3, 5 and 6 and article 24, paragraph (1) and Regulation No. 842/2006 article 3 1. , 2, 3, 4, 5 and 6, article 4, article 5, paragraphs 3 and 4, article 6, paragraph 1, the requirement laid down in article 8. National environmental service every year until March 1 to submit to the protection of the environment and regional development Ministry review of the control measures taken and their results.
4. the national plant protection service is controlled by Regulation No 1005/2009 of the requirements in article 12. If, in accordance with Regulation (EC) No 1005/2009 article 12 paragraph 3 of methyl bromide is placed on the market, the national plant protection services in the three months of activity on methyl bromide submitted to environmental protection and regional development Ministry review of the control measures taken and their results.
5. The State revenue service controlled by Regulation No 1019/2009 article 15, paragraphs 2 and 3, article 17, paragraphs 2 and 4, and article 20, paragraph 1, compliance with the requirements and every year until March 1 to submit to the protection of the environment and regional development Ministry review of the control measures taken and their results.
6. Consumer Protection Center within the limits of its competence control regulation No. 842/2006 article 7 and paragraph 1 of article 9, paragraph 1, as well as the Commission of 17 December 2007 by Regulation (EC) no 1494/2007 on the form of the marking and labelling for additional requirements in accordance with European Parliament and Council Regulation (EC) No 842/2006 in respect of products and equipment, which use some fluorinated greenhouse gases , the set requirements.
II. check Leaks 7. Leaks from the equipment specified in Regulation No 1019/2009 23 to article 11(2), in accordance with that laid down in Commission on 19 December 2007 by Regulation (EC) no 1516/2007 11(2) checks for leaks detection in accordance with European Parliament and Council Regulation (EC) No 842/2006 as regards stationary refrigerating, air conditioning and heat pump equipment that uses fluorinated greenhouse gases, and from the Commission of 18 December 2007 by Regulation (EC) no 1497 of leakage determination of 11(2) of inspections in accordance with European Parliament and Council Regulation (EC) No 842/2006 as regards stationary fire protection systems that use fluorinated greenhouse gases.
III. Personnel Certification and certificate authorities 8. A natural person carrying out the installation, service and other related activities, in accordance with Regulation No. 842/2006, article 3(1) and article 4 of the necessary certificate (annex 2) according to the European Commission's April 2, 2008: the regulations 8.1. Commission Regulation (EC) No 215/2008 on the company and the personnel certification requirements and regulations in accordance with European Parliament and Council Regulation (EC) No 842/2006 as regards the fixed refrigeration , air conditioning and heat pump equipment that uses fluorinated greenhouse gases (hereinafter Regulation No 303/2008);
8.2. Commission Regulation (EC) No 304/2008 for the company and the personnel certification requirements and rules of mutual recognition in accordance with European Parliament and Council Regulation (EC) No 842/2006 as regards the fixed fire protection systems and fire extinguishers that use fluorinated greenhouse gases (hereinafter Regulation No 304/2008);
8.3. Commission Regulation (EC) No 305/2008 on personnel certification requirements and rules of mutual recognition in accordance with European Parliament and Council Regulation (EC) No 842/2006 concerning recovery of fluorinated greenhouse gases from high-voltage switchgear;
8.4. Commission Regulation (EC) No 306/2008 on personnel certification requirements and rules of mutual recognition in accordance with European Parliament and Council Regulation (EC) No 842/2006 for the solvent recovery operations from facilities based on fluorinated greenhouse gases;
8.5. Commission Regulation (EC) No 307/2008 for staff training requirements and training attestation rules of mutual recognition in accordance with European Parliament and Council Regulation (EC) No 842/2006 with regard to air conditioning systems in motor vehicles that use fluorinated greenhouse gases.
9. in order to ensure no 1005/2009 of the regulation article 23, paragraph 4 of the requirements, personnel carrying out of article 23 of the regulation referred to in paragraph 2, the certificate required under this provision 8.1 and 8.2.
10. The personnel carrying out the actions on ozone depleting substances and fluorinated greenhouse gases, certified by certification bodies accredited by limited liability companies "standardization, accreditation and Metrology Centre" Latvian National Accreditation Bureau according to the standard LVS EN ISO/IEC 17024:2005 "conformity assessment-General requirements for bodies certifying persons".
11. Certificate authorities that rule 8.1, 8.2, 8.3 and 8.4. The European Commission referred to the meaning of the regulation assessment bodies.
12. National Environment Services maintains the certification authority and certified staff publicly available list and inserts it into the national environmental service website, subject to the individual data protection Act requirements.
13. in order to receive the certificate, the person shall provide the certification authority a written application for certificate handling ozone-depleting substances and fluorinated greenhouse gases (annex 3).
14. on the basis of the application of a natural person, the certificate authority within five working days, shall take a decision on the authorisation of the person sort exam and determine the place and time of the examination. The exam allows to sort, if the applicant meets at least one of the following criteria: 14.1. the applicant is at least three years of practical experience working with ozone depleting substances and fluorinated greenhouse gases;
14.2. have mastered the required actions in a professional or academic education program;
14.3. completed training courses in which skills and knowledge according to the rules referred to in point 8 of the regulations set out the themes.
15. on the basis of the results of the examination, a certificate authority within five working days of the decision on the grant of the certificate or a refusal to grant a certificate.
16. Certificate Authority within five working days following the award of the certificate shall inform the national environmental service for persons who have been granted the certificate.
17. Validity period of five years.
18. in order to extend the period of validity of the certificate, the person resubmit the submission certification authority certificate transactions with ozone depleting substances and fluorinated greenhouse gases. To extend the period of validity of the certificate, the exam is not a natural person to be sorted.
19. National Environment services is entitled to take a decision on the cancellation of the certificate, if the person performing the professional activities that requires a certificate, violated this provision, Regulation No 1019/2009 or Regulation No 842/2006.
20. the written reasoned decision to refuse the grant of a certificate, or to extend the period of validity of the certificate, as well as the cancellation of the certificate, the certification authority shall issue or send the person within five working days after the decision is taken.
IV. Licensing requirements for transactions with the ozone depleting substances and fluorinated greenhouse gases 

21. the legal or natural person that performs no 1005/2009 of the regulation article 23 and paragraph 2 of Regulation No. 842/2006 article 3, paragraph 1 of the installation of equipment and service and other operations, you need a special permit (license) for transactions with the ozone depleting substances and fluorinated greenhouse gases (hereinafter referred to as the special permit (license)) (annex 4). Special permission (license) in accordance with Regulation No. 303/2008 and Regulation No 304/2008 written by the State Department of the environment.
22. The special permit (license) for the issue, cancellation and amendment in the national environmental service creates a licensing Commission of not less than five persons.
23. for the special permission (license), any natural or legal person shall submit the national environmental service of the written submission of the special permissions (licenses) for handling ozone-depleting substances and fluorinated greenhouse gases (annex 5).
24. for the special permission (license), the applicant must meet the following criteria: 24.1. at least one of the applicant's employees or a natural person who is the applicant is certified to take action on ozone depleting substances and fluorinated greenhouse gases under these provisions in chapter III of these requirements.
24.2. the applicant is permanently available in the Regulation No. 303/2008 or in Regulation No 304/2008 that the conduct of the necessary tools and equipment;
24.3. the applicant in accordance with paragraph 3 of this rule is reported the activities to the ozone depleting substances and fluorinated greenhouse gases. If the applicant has not used ozone-depleting substances or fluorinated greenhouse gases, that report is replaced by information on planned activities by these substances or gases the first year when the application is submitted to the special permission (license).
25. special permission (license) the period of validity of five years.
26. National Environment services maintain their natural and legal persons of the public lists that have received special authorization (licence), and inserts it into the national environmental service website.
27. the National Environment Department issued a special permit (licence) or adopt a reasoned written decision on the refusal to issue a special permit (license) within 15 working days of receipt of the application.
28. The national environmental service shall decide on the refusal to issue a special permit (license) if: 28.1. is not specified in the application of these provisions in annex 5 information to be provided or it is false;
28.2. the natural or legal person does not comply with the provisions referred to in paragraph 24.
29. the special permission (license) is responsible for its recipient. Special permission (license) the beneficiary is not entitled to transfer them to other people.
30. If a special permit (license) has been lost, the national environmental service after this provision, paragraph 21 to the natural or legal person in receipt of a written request issued by special permission (license) duplicate.
V. concluding questions 31 be declared unenforceable in the Cabinet of Ministers of 6 September 2005, Regulation No 688 "rules on ozone depleting substances and fluorinated greenhouse gases that are agents of the cold" (Latvian journal, 2005, nr. 145).
32. special permit (license) for transactions with cold agents issued up to the date of entry into force of the provisions and operations of the ozone depleting substances and fluorinated greenhouse gases in refrigeration, stationary air conditioning and heat pump equipment, are valid until their expiration date.
33. certificates for transactions with cold agents, who are issued to natural persons up to the date of entry into force of the provisions are valid until their expiration date, and they comply with the Regulation No. 303/2008 category II above.
34. three years after the entry into force of these rules for the certification of personnel according to point 8 of these rules (except 5.2) is entitled to make society "Latvian Refrigerated Engineers Association" Certification Center, which is accredited by the society with limited liability "the standardization, accreditation and Metrology Centre" Latvian National Accreditation Bureau according to the standard LVS EN ISO/IEC 17024:2005 "conformity assessment-General requirements for bodies certifying persons" requirements (registration No. LATAK LATAK-S3-328) , or other certifying body accredited in accordance with the provisions of paragraph 10.
35. The protection of the environment and regional development, the Ministry shall notify the European Commission of certification and licensing institutions in accordance with the Commission's April 2, 2008, Regulation (EC) No 308/2008 about the shape of national training and certification program for the notification pursuant to European Parliament and Council Regulation (EC) No 842/2006 Prime Minister – the Minister of Justice, Minister of Interior of the duty of the artist a. Štokenberg of environmental protection and regional development Minister, the Minister of transport U. of annex 1 Augul Cabinet July 12, 2011 regulations No 513 ________. annual report on ozone depleting substances and fluorinated greenhouse gases environment protection and regional development Minister, the Minister of transport U. of annex 2 Augul Cabinet July 12, 2011 regulations No 563 certificate for environmental protection and regional development Minister, the Minister of transport U. of annex 3 Augul Cabinet July 12, 2011 regulations No 563 submission certificate handling ozone-depleting substances or certain fluorinated greenhouse gases in environmental protection and regional development Minister, the Transport Ministers of the Augul
 
 
4. Annex Cabinet July 12, 2011 regulations No 563 national environmental service special permit (license) for transactions with the ozone depleting substances and fluorinated greenhouse gases environment protection and regional development Minister, the Minister of transport U. of annex 5 Augul Cabinet July 12, 2011 regulations No 563 special permissions application (license) for transactions with ozone depleting substances and fluorinated greenhouse gases environment protection and regional development Minister, the Transport Ministers of the Augul