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Regulation (2016:1128) On Fluorinated Greenhouse Gases

Original Language Title: Förordning (2016:1128) om fluorerade växthusgaser

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/Entry into force: 01/01/2017

section 1 of this regulation is notified pursuant



— Chapter 14. section 8 of the environmental code in case of 7-11, 13-43 and 45 sections,



— Chapter 15. section 6 of the environmental code in terms of section 12, and



– Chapter 8. section 7 of the Constitution in respect of the other provisions.



EU regulations



paragraph 2 of this regulation,



EU regulation on f-gases: European Parliament and Council Regulation (EC) No 517/2014 of 16 april 2014 on fluorinated greenhouse gases, and repealing Regulation (EC) No 842/2006,



the implementing regulation on the certification of cooling and heating equipment: implementing Regulation (EU) 2067 of 17 november 2015, establishing, in accordance with European Parliament and Council Regulation (EC) No 517/2014, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air-conditioning and heat pump equipment and cooling units in trucks and trailers with cooling unit containing fluorinated greenhouse gases, as well as for the certification of firms as regards stationary refrigeration , air conditioning and heat pump equipment containing fluorinated greenhouse gases,



The EU regulation on the certification of fire protection systems: Commission Regulation (EC) No 304/2008 of 2 april 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the minimum requirements and the conditions for mutual recognition for the certification of companies and employees with respect to the stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases;



the implementing regulation on the certification of electrical switches: Commission Regulation (EU) No 2015/2066 of 17 november 2015, establishing, in accordance with European Parliament and Council Regulation (EC) No 517/2014, minimum requirements and the conditions for mutual recognition for the certification of physical persons performing installation, service, maintenance, repair or dismantling of electrical switches which contain fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switches ,



The EU regulation on the certification of solvents: Commission Regulation (EC) No 306/2008 of 2 april 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas based solvents from equipment, and



The EU regulation on training for air conditioning in motor vehicles: Commission Regulation (EC) No 307/2008 of 2 april 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the minimum requirements for training programmes and the conditions for mutual recognition of training certificates for personnel with regard to air conditioning systems containing certain fluorinated greenhouse gases in certain motor vehicles.



Glossary



section 3 of this regulation, "accredited certification body, a natural or legal person who, by meeting the requirements of the International Organization for standardization and International Electrotechnical Commission standard for assessing compliance with the General requirements for bodies certifying persons (ISO/IEC 17024:2003)



1. is accredited in accordance with European Parliament and Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 and the law (2011:791) on accreditation and technical control, or



2. in another country in the European Union or the European economic area or in Turkey is a certification body



(a)) has been accredited by an accreditation body that meets the requirements of the International Organization for standardization and International Electrotechnical Commission standard for assessing conformity with General requirements for accreditation bodies accrediting conformity assessment bodies (ISO/IEC 17011:2004);



b) otherwise show that equivalent standards of quality are met in terms of independence and technical and professional skills, the person must fulfil relates to such as are required for the first time placing a product on the market.



paragraph 4 for the purposes of this regulation,



f-gas: a fluorinated greenhouse gas as defined in article 2 (1) of the EU regulation on f-gases,



refrigerant: a medium which consists of or contains an f-gas and is intended to be used in a refrigerant system and that at a certain temperature and a certain pressure picks up heat energy and at a higher temperature and a higher pressure gives off heat energy, usually with a change in the physical state,



refrigerant system: interconnecting refrigerant keeping parts that form a closed circuit as a refrigerant circulates to occupy or releasing energy,



facility: the refrigeration, air-conditioning or heat pump equipment used in one and the same activity by the same operator,



mobile devices: mobile equipment containing a refrigerant,



air conditioning equipment in vehicles: a piece of equipment in a vehicle, which contains a refrigerant and is intended for air conditioning in the vehicle,



employees: a natural person who performs a work,



intervention in the refrigerant system: an action that implies that any portion of the refrigerant system opened, regardless of whether or not the system is pressurized, or action on a peripheral device that can affect system security against refrigerant emissions, and



conversion: an action that implies that hydrofluorocarbons (HFCs) in the refrigeration, air-conditioning or heat pump equipment is replaced with another refrigerant.



Moreover, paragraph 5 of the terms of this regulation has the same meaning as in the regulations referred to in paragraph 2.



Ban



section 6 of the Regulations on the ban in this regulation only applies if similar bans do not already comply with the EU regulation on f-gases. Provisions on exemptions from the prohibition under this Regulation shall not be applied in violation of EU regulation on f-gases.



7 § it is forbidden to supply refrigerant to recipients other than the



1. as provided for in this Regulation may fill on f-gases in refrigeration, air-conditioning and heat pump equipment,



2. the manufacturer of refrigeration, air-conditioning and heat pump equipment containing f-gases, and



3. any person who carries on business for the treatment or disposal of f-gases.



Despite the first paragraph, the refrigerant which is intended for an establishment for research, education and development of refrigeration, air-conditioning and heat pump equipment is delivered to the business. The same applies to the refrigerant which is intended for the activities of the armed forces, the Swedish defence materiel administration, or the Swedish fortifications Agency.



Operating and maintenance instructions



§ 8 the one that produces a new hermetically sealed equipment shall ensure that the equipment is equipped with accurate and easy-to-understand operating and maintenance instructions in Swedish with the necessary instructions for preventing the emission of refrigerant.



Stationary hermetically sealed equipment and mobile equipment containing less than 5 tonnes carbon dioxide equivalent refrigerants need not be equipped with the operating and maintenance instructions.



§ 9 the importer or to Sweden for a refrigeration, air-conditioning or heat pump equipment is manufactured abroad, or install or is the operator of a new equipment, to ensure that the equipment is equipped with accurate and easy-to-understand operating and maintenance instructions in Swedish with the instructions necessary to prevent emissions of refrigerants.



Stationary hermetically sealed equipment and mobile equipment containing less than 5 tonnes carbon dioxide equivalent refrigerant need not be equipped with the operating and maintenance instructions.



Leakage control and reduction of emissions



10 § whoever installs a hermetically sealed equipment or putting such equipment into service for the first time, or install, rebuild or do any other intervention in the refrigerant system in a refrigeration, air-conditioning or heat pump equipment, to ensure that leakage control is carried out in the context of their work.



The first subparagraph shall not apply to desktop hermetically sealed equipment containing less than 5 tonnes carbon dioxide equivalent f-gases.



section 11 of The who is the operator of a mobile refrigeration, air-conditioning or heat pump equipment, in the case of such equipment to take the preventive measures to be taken against emissions of f-gases as specified in article 3.2, 3.3, 4.1, 4.2, 4.3, 4.4 and 5.1 of the EU regulation on f-gases even if equipment is not covered by the article's claims.



Recovery of refrigerant



section 12 of The professional import or transfer refrigerants are obliged to take back the delivered free of refrigerants seized and provide containers for this purpose.



Register for mobile equipment



paragraph 13 of The who is the operator of a mobile refrigeration, air-conditioning or heat pump equipment, in the case of such equipment to keep records in accordance with article 6(1), 6(2) and (3) of the EU regulation on f-gases even if equipment is not covered by the article's claims.



Notification and reporting to the supervisory authority



section 14 of The as is or intends to become the operator of a stationary refrigeration, air-conditioning or heat pump equipment


contains 14 tonnes of carbon dioxide equivalent, or more correctly before installation or conversion of such equipment notify the control authority.



A notification shall be submitted in good time so that consultations on the design of the measure and the impact on the environment can be kept by the supervisory authority.



The first subparagraph shall not apply to



1. for an installation or a conversion as a result of an unforeseen accident where immediate action is required to prevent harm to human health or the environment or substantial economic damage, or



2. on the selection of equipment and refrigerants are dealt with in the context of an application for a permit or a notification under Chapter 9.

the environmental code.



section 15 of The who is the operator shall submit a report to the supervisory authority if, during any part of a calendar year is at least 14 tonnes of carbon dioxide equivalent in a stationary facility, in an installation on a ship or in a mobile equipment covered by leak check according to section 11, or under the second subparagraph of article 3(3) and 4(1) to (3) of the EU regulation on f-gases.



The report shall be submitted by 31 March of the year following the calendar year and shall be signed by the operator or provided with his/her electronic signature.



The report shall include



1. the result of the leak checks made during the calendar year,



2. information about the equipment scrapped during the calendar year,



3. the information referred to in article 6(1) of the regulation on f-gases,



4. the provider's registration number, mailing address, and billing address,



5. address and property designation of the property where the equipment is located, if the equipment is stationary,



6. a list of the equipment, and



7. in the case of equipment on a ship, ship's name, call sign, or similar.



Certification of personnel and companies



16 section/entry into force: 2017-07-01/

Employees who perform a leak check pursuant to section 10 or 11 of refrigeration, air-conditioning or heat pump equipment must have a personal certificate referred to in articles 3 and 4 of the implementing regulation on the certification of cooling and heating equipment.



section 17/entry into force: 2017-07-01/

The requirements for certification laid down in the implementing regulation on the certification of cooling and heating equipment shall also be met by staff who perform leak check, recovery, installation, or maintenance or service on mobile equipment containing f-gases.

Certification shall meet the requirements of articles 3 and 4 of the implementing regulation.



section 18/entry into force: 2017-07-01/

The requirements for certification laid down in the implementing regulation on the certification of cooling and heating equipment shall also be met by companies doing business with the leakage check, recovery, installation, or maintenance or service on mobile equipment or air-conditioning equipment in vehicles. The certification shall meet the requirements of article 6 of the implementing regulation.



the entry into force of section 19 of/in: 2017-07-01/

For installation, service and maintenance of mobile air conditioning equipment in the vehicle, it is sufficient that, despite section 18 1. certification refers to the minimum skills and knowledge in accordance with category I and II of annex I to the implementing regulation on the certification of cooling and heating equipment that are relevant to the work, or



2. the work is led by someone who is certified and there is access to the necessary tools and drivers, if the equipment contains less than 5 tonnes of carbon dioxide refrigerants.



20 section/entry into force: 2017-07-01/

If on a ship at sea could be carried out the installation, modification, repair or other work on a refrigeration, air-conditioning or heat pump equipment, should the vessel be



1. someone who is certified in accordance with the requirements of articles 3 and 4 of the implementing regulation on the certification of refrigeration and heating equipment, and



2. the tools that are necessary for the work to be carried out in such a way that sufficient safety against discharges into the atmosphere are achieved.



Maintenance of facilities



section 21 an operator shall ensure that the operator's facility has the knowledge and experience of refrigeration, air-conditioning or heat pump equipment, operation and maintenance.



Prerequisites for a certificate to be valid



section 22 a certificate pursuant to this Regulation shall be issued by a certification body that is accredited for the tasks for which the certificate is valid and has its certification activities registered with the environmental protection agency.



section 23 of The staff certification provided for in article 4 of the implementing regulation on the certification of cooling and heating equipment should be done by someone under section 22 which have



1. mechanisms to continuously monitor the conditions of the certificate are met and take measures according to article 7 of the implementing regulation, and



2. appointed one assessment bodies referred to in articles 4(1) and (4) of the implementing regulation of the competence which the certificate applies.



24 §/entry into force: 2017-07-01/

A corporate certificate referred to in article 6 of the implementing regulation on the certification of cooling and heating equipment should be done by someone under section 22, which has 1. mechanisms to continuously monitor the conditions of the certificate are met and take measures according to article 7 of the implementing regulation, and



2. appointed one assessment bodies referred to in article 8 of the implementing regulation of the competence which the certificate applies.



Article 25 of The staff certification provided for in article 5, and a commercial paper under article 8 of the EU regulation on the certification of fire protection systems shall be issued by someone under section 22, which has 1. mechanisms to continuously monitor the conditions of the certificate are met and take measures in accordance with article 10 of the regulation, and



2. appointed one assessment bodies referred to in articles 5(1) and 5(4) of the regulation of the competence which the certificate applies.



section 26 a certificate of such knowledge and skills referred to in article 3 of the implementing regulation on the certification of electrical switches should be issued by someone under section 22 to 1. meets the requirement of impartiality in article 4 (1) of the implementing regulation,



2. Verify that the conditions set out in article 3 of the implementing regulation are met, and



3. have procedures in place to continuously monitor the conditions of the certificate are met and take measures in accordance with article 4(2) of the implementing regulation.



section 27/entry into force: 2017-07-01/

A corporate certificate under section 24 or 25 must not be older than 5 years.



section 28 of The personal certificate under section 23 or 25, or a certificate under section 26 May, in the case of education in the theoretical elements in the annex to the stated EU regulation does not refer to an examination that is older than five years.



Prerequisites for a certificate to be valid



section 29 A certificate pursuant to this Regulation shall be issued by a certification body accredited to issue personal certificates under section 23 or 25 and professional conducts certification activities are registered with the environmental protection agency.



section 30 of the proof of such knowledge and skills referred to in article 3 of the regulation on training for air conditioning in motor vehicles shall be issued by someone under section 29 that has checked that the conditions laid down in article 3 of the regulation are fulfilled.



Bodies for accreditation and certification



31 § accreditation under section 22 of the first subparagraph shall be made by the Swedish Board for accreditation and inspection in accordance with Regulation (EC) no 765/2008 and the law (2011:791) on accreditation and technical control.



32 § the Swedish environmental protection agency is the certification bodies referred to in article 4 of the EU regulation on the certification of solvents and appoints the assessment body referred to in article 5(1) of the regulation.



33 § if for a certification or certificate is no body who have their certification or certification activities registered with the environmental protection agency, the environmental protection agency rule on the certification or certificate.



Except for foreign certificates and attestations



section 34 the provisions of §§ 22-30 does not apply if the certificate or the certificate



1. issued in another country in the European Union or the European economic area, and in accordance with the country's regulations comply with the requirements specified in the EU regulations or implementing regulations, and



2. in translation into Swedish.



Except for the refrigeration, air-conditioning and heat pump equipment for non-professional use



section 35 Declaration in section 14 and the reporting requirement in section 15 does not apply to refrigeration, air-conditioning or heat pump equipment for non-professional use.



Exception of vehicles registered abroad



36 § Reporting requirement in section 15 and section 16 of the certification requirement does not apply in mobile equipment in a vehicle registered in foreign countries.



Except for ships and shipping companies



37 § Requirement in section 8, first subparagraph, and article 9 of that operation and maintenance instructions should be issued on Swedish does not apply to ships in international traffic. Operation and maintenance instructions on such vessels may instead be issued in English.



38 § Reporting requirement in section 15 and section 16 of the certification requirement does not apply in mobile equipment of a ship registered in a foreign country.




39 § requirement of leak check in 10 and 11 sections and the certification requirement in section 17 does not apply to vessels in a calendar year, never calling at American ports.



section 40 of the requirement for certification for people and businesses in sections 17 and 18 shall not apply to work performed at the armed forces ' vessels of a maintenance organization that is attached to a ship's opening act, if the person is included in a maintenance organization that is certified pursuant to articles 3 and 4 of the implementing regulation on the certification of cooling and heating equipment.



41 § Certification requirement in section 16 does not apply leak check under section 10 that is performed by a shipping company on board a vessel belonging to the shipping company.



42 § Certification requirement in section 18 shall not apply to work performed by a shipowner of a ship belonging to the shipping company.



Except for research, education and development in refrigeration and heating area



43 § Requirement on operating and maintenance instructions in section 8, first paragraph, of the requirement of section 10 of the leak check, obligation of action in section 11, the registry requirement in section 13, the notification obligation in section 14, the reporting requirement in section 15 and section 16 of the certification requirement does not apply in the refrigeration, air-conditioning and heat pump equipment containing f-gases and used solely for research, education and development in refrigeration and heating area.



Competent authority



44 section environmental protection agency is the competent authority referred to in the EU-regulation on f-gases.



45 section environmental protection agency shall carry out the notifications provided for in article 10.10 in EU regulation on f-gases.



Supervision and fees



§ 46 provisions on supervision, see chapter 26. the environmental code and the environmental protection Decree (2011:13).



Provisions on the operational supervisory responsibilities associated with this regulation can be found in Chapter 2. 4, 21, 27 and 29 to 32 §§ environmental protection regulation.



Provisions on fees can be found in the Ordinance (1998:940) if the fees for the examination and supervision under the Environment Act.



Transitional provisions



2016:1128



1. This Regulation shall enter into force on 1 January 2017, in respect of 16 – 20, 24 and 27 §§ and otherwise 1 January 2017.



2. The regulation repeals Ordinance (2007:846) on fluorinated greenhouse gases and ozone-depleting substances.



3. the provisions of sections 11 and 13 shall not apply to mobile equipment in the armed forces, the Swedish fortifications Agency and the Swedish defence materiel administration during the period from 1 January 2017 until 30 June 2017. Older regulations applicable to such equipment during the period.