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Decision of 30 September 2015 establishing new rules for certain fluorinated greenhouse gases and ozone-depleting substances for the implementation of Regulation (EU) No 517/2014 of 16 April 2014 on fluorinated greenhouse gases and a number of related Regulations and implementing Regulation (EC) No 517/2014 1005/2009 of 16 September 2009 on substances that deplete the ozone layer (fluorinated greenhouse gases and ozone-depleting substances)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Infrastructure and the Environment of 25 March 2015, no. IenM/BSK-2015/40181, Chief Executive of Administrative and Legal Affairs, in agreement with Our Ministers of Security and Justice and of Economic Affairs;
Having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of the European Union of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 517/2014 (EC) No 842/2006 (PbEU L 150), Regulation (EC) No 1400/2006 -European Parliament and the Council of the European Union of 16 September 2009 on substances that deplete the ozone layer (recast) (PbEU L 286), Regulation (EC) No 2027/2009 of the European Parliament and of the Council of 30 June 2009 on the implementation of the Regulation (EC) No 1494/2007 of 17 December 2007 establishing, pursuant to Regulation (EC) No 1494/2007 Regulation (EC) No 842/2006 of the European Parliament and of the Council, of the form of labels and additional labelling requirements relating to products and equipment containing certain fluorinated greenhouse gases (PbEU L 332), Regulation (EC) No 313/2006 (EC) No 842/2006 of the European Parliament and of the Council Commission Regulation (EC) No 1497/2007 of 18 December 2007 establishing, pursuant to Regulation (EC) No 1497/2007 (EC) No 842/2006 of the European Parliament and of the Council, of basic requirements for the control of leakage from stationary fire protection systems containing certain fluorinated greenhouse gases (PbEU L 333), Regulation (EC) No 84/2006 Commission Regulation (EC) No 1516/2007 of 19 December 2007 establishing, pursuant to Regulation (EC) No 1516/2007 Regulation (EC) No 842/2006 of the European Parliament and of the Council, of basic requirements for the control of leakage from stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases (PbEU L 335), Regulation (EC) No 84/2006/EC of the European Parliament and of the Council Commission Regulation (EC) No 303/2008 of 2 April 2008, pursuant to Regulation (EC) No 303/2008 -Directive 842/2006 of the European Parliament and of the Council, of minimum requirements and conditions for mutual recognition for the certification of businesses and personnel concerning stationary refrigeration, air conditioning and heat pump equipment, Fluorinated greenhouse gases (PbEU L 92), Regulation (EC) No 158/92 Commission Regulation (EC) No 304/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 304/2008, Proposal for a Council Regulation (EC) No 842/2006 of the European Parliament and of the Council, of minimum requirements and the conditions for mutual recognition of the certification of companies and personnel in the field of stationary fire protection systems and fire extinguishers certain Fluorinated greenhouse gases (PbEU L 92), Regulation (EC) No 158/92 Commission Decision No 305/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 305/2008 (EC) No 842/2006 of the European Parliament and of the Council, of minimum requirements and the conditions for mutual recognition of the certification of personnel for the recovery of certain fluorinated greenhouse gases from high voltage switchgear (PbEU L 92), Regulation (EC) No 148/EC Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 306/2008 of the European Commission (EC) No 842/2006 of the European Parliament and of the Council, of minimum requirements and the conditions for mutual recognition of the certification of personnel for the recovery of certain fluorinated greenhouse gas-based solvents from equipment (PbEU) No L 92), Regulation (EC) No 148/92 Commission Decision No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 148/EC 842/2006 of the European Parliament and of the Council, of minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel in the field of certain fluorinated greenhouse gases containing air conditioning systems in certain motor vehicles (PbEU L 92);
Having regard to the Articles 8.40, first paragraph , 9.2.2.1, 1st Member , and 11a.2, first to third paragraph, of the Environmental Protection Act and the Articles 257b and 257ba of the Code of Criminal Procedure ;
The Department for the opinion of the Council of State heard (opinion of 22 June 2015, No W14.15.0088/IV);
Having regard to the further report of the State Secretary for Infrastructure and the Environment of 18 September 2015, No IenM/BSK-2015/133386, Chief Executive of Administrative and Legal Affairs, in agreement with Our Ministers of Security and Justice and of Economic Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. recognition: Decision of Our Minister establishing that an institution for the issue of a certificate fulfils the conditions applicable to or under this Decision;
b. F-gaxing Regulation: Regulation (EU) No 517/2014 of the European Parliament and of the Council of the European Union of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 517/2014 842/2006 (PbEU L 150);
c. Our Minister: Our Minister of Infrastructure and the Environment;
ed. Regulation ozone-depleting substances: Regulation (EC) No 148/EC The European Parliament and the Council of the European Union of 16 September 2009 on substances that deplete the ozone layer (recast) (PbEU L 286).
This Decision and the provisions adopted thereon shall also apply to acts carried out within the exclusive economic zone.
1 Our Minister is the competent authority as referred to in Articles 6, 11 and 15 of the F-gas regulation.
2 Our Minister is the competent authority, as referred to in Articles 17 and 19 of the F-gas regulation.
1 It is prohibited to proceed in violation of Article 3 of the F-gassing Regulation.
2 It is prohibited to act contrary to Article 4, first paragraph, first paragraph, in connection with Article 4, second, third and fourth paragraphs, of the F-gassenet Regulation. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 4, first paragraph, second and third subparagraphs, and in the third subparagraph of Article 4 (2) of the F-gas Regulation.
3 It is prohibited to act in violation of Article 5 of the F-gassing Regulation.
4 It is prohibited to act contrary to Article 6, first paragraph, in connection with the first subparagraph of Article 6, second paragraph, of the F-gassenregulation Regulation.
5 It is prohibited to act contrary to Article 6, third paragraph, first and second paragraphs, in connection with Article 11 (4) of the F-gassenregulation Regulation.
6 It is prohibited to act contrary to Article 7 of the F-gas Regulations Regulation.
7 It is prohibited to act in breach of Article 8, first and second paragraph, of the F-gassenregulation Regulation.
8 It is prohibited to act in violation of Article 10, 11th paragraph, of the F-gassenregulation Regulation.
9 It is prohibited to act contrary to Article 11, first paragraph, in connection with Annex III, of the F-gassing Regulation. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 11, second or third paragraph, of the F-gassing Regulation.
10 It is prohibited to act in violation of Article 11, fourth and fifth paragraph, of the F-gassenregulation Regulation.
11 It shall be prohibited to act in breach of Article 12, first paragraph, in connection with Article 12, third and fourth paragraph, of the F-gassenet Regulation.
12 It is prohibited to act in breach of Article 12, second paragraph, in connection with Article 11, third paragraph, of the F-gassenregulation Regulation.
13 It is prohibited to act contrary to the provisions of Article 12, fifth to thirteenth paragraph, of the F-gassing Regulation.
14 It is prohibited to act in breach of the first paragraph of Article 13 of the F-gassenregulation Regulation. The prohibition, referred to in the first sentence, shall not apply in the case of, and subject to the condition laid down in the second subparagraph of Article 13 of the F-gassenet Regulation.
15 It is prohibited to act in breach of Article 13, second paragraph, of the F-gassenregulation Regulation.
16 It is prohibited to act in breach of the first subparagraph of Article 13 of the F-gas Regulation. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 13, third paragraph, second to fourth subparagraphs, of the F-gassing Regulation.
17 It is prohibited to act in violation of Article 14, first and second paragraph, of the F-gassenregulation Regulation.
18 It is prohibited to act contrary to Article 15, first paragraph, second subparagraph, in connection with Article 16, fifth paragraph, and 18 of the F-gas regulation. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 15, second or fourth paragraph, of the F-gassing Regulation.
19 It shall be prohibited to act contrary to Article 15, third paragraph, in connection with Article 15, first paragraph, second subparagraph, and Article 16, fifth paragraph, and Article 18 of the F-gassenet Regulation. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 15, second or fourth paragraph, of the F-gassing Regulation.
1 It is prohibited to act contrary to the provisions of Articles 2, first to third paragraph, 3 and 4, second paragraph, of Regulation (EC) No 2083/2 of the EC Treaty. No 1494/2007 of the European Commission of 17 December 2007 (PbEU L 332).
2 It is prohibited to act in breach of Articles 2 to 7 of Regulation (EC) No 2382/2. 1497/2007 of the European Commission of 18 December 2007 (PbEU L 333).
3 It shall be prohibited to act contrary to Articles 2 to 4, 5, first and third paragraphs, 6, 7, first and second members, in connection with Article 7 (3) and (8) to (10) of Regulation (EC) No 2383/10 of the EC Treaty. 1516/2007 of the European Commission of 19 December 2007 (PbEU L 335).
4 It is prohibited to act contrary to Articles 4, first paragraph, and 7, first paragraph, of Regulation (EC) No 1484/3 of the EC Treaty. No 303/2008 of the European Commission of 2 April 2008 (PbEU L 92).
5 It is prohibited to act contrary to Articles 4, first paragraph, and 7, first paragraph, of Regulation (EC) No 1484/3 of the EC Treaty. No 304/2008 of the European Commission of 2 April 2008 (PbEU L 92).
6 It is prohibited to act contrary to Article 3, first paragraph, of Regulation (EC) No 1483/8. 305/2008 of the European Commission of 2 April 2008 (PbEU L 92).
7 It is prohibited to act contrary to Article 2, first paragraph, of Regulation (EC) No 2382/2. No 306/2008 of the European Commission of 2 April 2008 (PbEU L 92).
8 It is prohibited to act in breach of Article 2 (1) of Regulation (EC) No 1408/2. No 307/2008 of the European Commission of 2 April 2008 (PbEU L 92).
1 For the recovery of fluorinated greenhouse gases referred to in Article 8 (3) and (10), second paragraph, of the F-gas regulation, and the performance of the tasks referred to in Article 10, first paragraph, of the F-gas regulation, shall have a 'Natural person' means a certificate issued by an institution with a qualification to that effect.
2 For the purpose of carrying out the activities referred to in Article 10 (6) of the F-gas Regulation, an undertaking shall have a certificate issued by an institution with a view to that effect.
3 In the case of ministerial arrangements, detailed rules shall be laid down:
a. the requirements of a natural person and an undertaking for the acquisition, obtaining and retaining, respectively, of a certificate as referred to in the first and second paragraphs;
b. the information indicating the certificates;
(c) the grant, suspension and revocation of certificates and their registration and publication;
d. the text of the non-public law schemes referred to in this Decision to be taken into account for the purposes of this Decision.
4 By means of a ministerial arrangement, detailed rules on checking the proper functioning of a leakage detection system shall be subject to the implementation of Articles 4 (3) and 5 of the F-gas Regulation.
Our Minister shall be the competent authority referred to in Articles 10 to 15, 17, 18, 23, 27 and 28 of the Regulation ozone-depleting substances.
1 It shall be prohibited to act contrary to Articles 4, 5, first and second paragraph, in connection with the third paragraph, and 6 of the Regulation ozone-depleting substances. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 5, third paragraph, or Articles 7 to 14 of the substances that deplete the ozone layer.
2 It is prohibited to act contrary to Article 15, first paragraph, of the Regulation ozone-depleting substances. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 15, second and third paragraphs, of the Regulation ozone-depleting substances.
3 It shall be prohibited to act contrary to Articles 16, 18, second to fourth paragraph, of the second and fourth paragraphs of Article 22, second and fourth paragraphs of Article 23, first to third paragraphs, fifth and sixth paragraphs, and 27, first to seventh and ninth members, of the Regulation. Ozone-depleting substances.
4 It is prohibited to act contrary to the first paragraph of Article 17 of the Regulation on the substances that deplete the ozone layer. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 17 (2), (2), (4) and (4) of the Regulation, which are substances which deplete the ozone layer.
5 It is prohibited to act in breach of Article 20, first and fourth paragraph, of the Regulation ozone-depleting substances. The prohibition, referred to in the first sentence, shall not apply in the cases and under the conditions laid down in Article 20, second and third paragraphs, of the substances that deplete the ozone layer.
6 It is prohibited to act contrary to Article 24, first paragraph, of the Regulation ozone-depleting substances, unless the exemption provided for in paragraph 2 of that Article has been granted.
7 It is prohibited to act contrary to a requirement of a licence as referred to in Article 10 (6), paragraph (15), (15), (3) and (17), paragraph 4, of the Regulation (EEC) No 174authorising the substances that deplete the ozone layer.
8 It shall be prohibited to act contrary to the consent granted under the second sentence of Article 13, first paragraph, second sentence, and 14, second to fourth paragraphs, of the ozone-depleting substances or with the approval granted under Article 2 of the Regulation. 12, first paragraph, second sentence, of that Regulation.
9 It is prohibited to have chlorofluorocarbons or chlorofluorocarbons containing refrigeration and freezing equipment for trading purposes that come from private households or from non-private households to the extent that they have this equipment is by nature and quantity comparable to that of private households.
1 For the recovery of controlled substances referred to in Article 22 (1) and (5) of the Regulation ozone-depleting substances and the leakage checking provided for in the second paragraph of Article 23 of the Regulation on substances that deplete the ozone layer, one of the following: 'Natural person' means a certificate issued by an institution with a qualification to that effect.
2 For installation, maintenance or service, repair and decommissioning of equipment or systems as referred to in Article 22, first paragraph, of the Regulation ozone-depleting substances, which contains controlled substances, both the natural person carrying out such activities as the undertaking carrying out this work for a third party on a certificate issued by an institution with a view to that effect.
3 In the case of ministerial arrangements, detailed rules shall be laid down:
a. the requirements of a natural person and an undertaking for the acquisition, obtaining and retaining, respectively, of a certificate as referred to in the first and second paragraphs;
b. the information indicating the certificates;
(c) the grant, suspension and revocation of certificates and their registration and publication;
d. the text of the non-public law schemes referred to in this Decision to be taken into account for the purposes of this Decision.
4 The rules of application of the first sentence of the fifth paragraph of Article 22 and the first sentence of the fifth paragraph of Article 23 of the EC Regulation on ozone-depleting substances are laid down in the Ministerial Regulation. Those rules may imply that provisions of the F-gas Regulation shall apply mutatis mutandis to activities referred to in the first or second paragraph or to other acts referred to in Article 1 of the Regulation. Substances.
1 Our Minister may, upon application, grant recognition to an institution for issuing certificates as intended. Articles 6 and 9 to natural persons or undertakings.
2 The recognition shall indicate at least the name and address of the institution and its activities and tasks as referred to in the Articles 6, first and second members , and 9, first and second members , for which the institution may issue certificates.
3 The recognition shall be granted for an indefinite period of time and shall not be transferable.
1 For the application, at least the following information shall be provided:
a. The name and address of the applicant;
b. indication of the work and tasks referred to in the Articles 6, first and second members , and 9, first and second members , for which the applicant intends to issue certificates.
2 Our Minister may lay down detailed rules regarding the manner in which the application is submitted and the information to be provided with the application.
1 Our Minister shall grant the approval, in whole or in part, if the institution concerned:
a. has complied with the case or under Article 11 requirements;
b. is not in a state of bankruptcy or has not obtained a payment of a payment;
c. may be considered independent and impartial in the performance of its work;
(c) records the natural persons and undertakings which it has certified;
e. has personnel who are responsible for carrying out the assessments of natural persons or undertakings with requirements laid down by Ministerial Regulations;
f. at an aggregated level, the records of the registrations made pursuant to Article 6 of the F-gas Regulation shall be kept, unless the application relates only to certifying persons;
g. complies with quality requirements to be set by ministerial arrangement to institutions.
2 In the case of a ministerial arrangement, detailed rules may be laid down in respect of the alleged in paragraphs c, d and f of the first paragraph.
1 At the request of the approved body, approval may be amended.
2 On request, the Articles 11 and 12 applicable mutatis mutandis.
1 An institution shall not provide certificates as referred to in the Articles 6 and 9 to natural persons or undertakings without any recognition.
2 An approved institution complies with the requirements of Article 12, first paragraph, points (c) to (g) , asked requirements.
3 An approved institution shall not certify any natural or undertaking to which the institution is organisational, financial or legally linked, unless that relationship arises only from one of the parties for the benefit of the Contract contract certification.
4 An approved body shall suspend or revoke a certificate issued by it if our Minister has given an appropriate indication because the holder of the certificate has acted contrary to the obligations laid down by the holder of the certificate; or pursuant to this Decision, the F-gas regulation or the Regulation ozone-depleting substances.
5 In the case of ministerial arrangements, detailed rules shall be laid down on the obligations to be fulfilled by approved bodies. These rules may relate to the fees charged by the approved bodies for the provision of certificates.
1 Our Minister may suspend the approval of an institution if the institution fails to fulfil an obligation imposed by or under this Decision or has not been complied with.
2 In the case of suspension, the Minister shall give the institution the opportunity to lift the deficiency during a period to be determined by him.
3 If the failure by the institution to the judgment of Our Minister has been removed by the institution within the time limit set by Our Minister, the suspension of recognition shall be lifted.
4 The suspension decision shall specify the period of time for which the suspension is in force. That period shall not exceed two years.
1 Our Minister may withdraw recognition of an institution if:
(a) the institution so requests;
(b) the institution has been seriously deficiently placed in the judgment of Our Minister in the fulfilment of an obligation imposed by or under this Decision;
c. recognition under Article 15, first paragraph , has been suspended and the deficiency has not been removed within the period referred to in Article 15 (2), or
(d) the institution has been granted payment of payment or has been bankrupt.
2 The institution shall immediately inform the undertakings it has certified in respect of the decision taken by our Minister to withdraw the approval.
3 After the withdrawal of approval, certificates issued by the institution to undertakings shall remain valid for a period of not more than one year.
Recognition shall be treated in the same way as a recognition issued by a competent authority in another Member State of the European Union or in a State other than a Member State of the European Union which is a party to a Member State of the European Union which is a party to a Member State of the European Union. The Treaty provides that the Netherlands shall, in the light of investigations which provide a level of protection which is at least equivalent to the level of protection sought by national research, be covered by the Convention.
1 In addition to the Articles 6, first and second members , and 9, first and second members , it remains certain to and under Article 4, first to fourth paragraph, of the Decision on fluorinated greenhouse gases and Article 5 of the Implementing Decision EC regulation-ozone-depleting substances , as these provisions immediately prior to the entry into force of this Decision are in force for a period of six months from the date of entry into force of this Decision.
2 A under Article 4, first paragraph, of the Fluorinated Greenhouse Gas Decision and Article 5 (1) of the Implementing Decision EC regulation-ozone-depleting substances As such provisions immediately prior to the date of entry into force of this Decision, the diploma awarded shall be treated as a certificate for a natural person as intended for the purpose of Articles 6, 1st paragraph , and 9, first and second members .
3 One under Article 4, second paragraph, of the Fluorinated Greenhouse Gas Decision and Article 5 (2) of the Implementing Decision EC-Regulation ozone-depleting substances , as those provisions extended immediately prior to the entry into force of this Decision, a holding certificate shall be equivalent to a certificate for a period not exceeding two years from the date of entry into force of this Decision. company as intended in the Article 6, second paragraph , and 9, second paragraph .
4 A designation granted under Article 4, third paragraph, of the Decision on fluorinated greenhouse gases or Article 5 (3) of the Implementing Decision EC-Regulation ozone-depleting substances , as those article members have immediately prior to the entry into force of this Decision, shall be the same as recognition for two years from the date of entry into force of this Decision.
The following Decisions shall be repealed:
a. Decision to reduce greenhouse gases in equipment on environmental management ;
b. Decision fluorinated greenhouse gases in the environment ;
c. Implementing Decision EC-Regulation ozone layer-depleting substances .
This Decision shall enter into force as from the first day of the second calendar month following the date of issuance of the Official Gazette.
This Decision is referred to as: Decision of fluorinated greenhouse gases and ozone-depleting substances.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 30 September 2015
William-Alexander
The State Secretary for Infrastructure and the Environment,
W.J. Mansveld
Issued the fifteenth October 2015The Minister for Security and Justice,
G.A. van der Steur
