European Union (Fluorinated Greenhouse Gases) Regulations 2022

Jurisdiction: Republic of Ireland

Commencement: 5^th August 2022

Amends: New Legislation

Mini Summary

Summary

These Regulations implement Regulation (EU) 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) 842/2006  and set out certification requirements, offences and enforcement powers relating to fluorinated greenhouse gases.

The following provisions are revoked.

• European Union (Fluorinated Greenhouse Gases) Regulations 2016.
• European Union (Fluorinated Greenhouse Gases) (Amendment) Regulations 2019.
• European Union (Fluorinated Greenhouse Gases) (Amendment) (No.2) Regulations.
• European Union (Fluorinated Greenhouse Gases) (Amendment) Regulations 2020.

Duties

Certification
Persons must hold a valid certification to:

• instal, service, maintain, repair or decommission equipment containing fluorinated greenhouse gases;
• carry out leak checks on equipment containing fluorinated greenhouse gases; and
• recover fluorinated greenhouse gases.

The Environmental Protection Agency may request persons to translate certifications or training attestations issued by another Member State into English.

The Minister for the Environment, Climate and Communications
The Minister for the Environment, Climate and Communications (the Minister) must:

• establish and publish details of certification programmes; and
• establish and publish details of training programmes.

The Minister may designate persons to complete undertakings on their behalf. This includes:

• a certification body to issue certificates;
• an evaluation body to organise examinations; and
• an attestation body to issue training attestations.

The Minister may withdraw designations at any point in accordance with Article 15.

The Minister must notify the European Commission of any designated certification bodies.

Offences
It is an offence to:

• intentionally release fluorinated greenhouse gases into the atmosphere where release is not necessary;
• carry out certain undertakings without certification;
• collect or transport waste greenhouse gases without holding an appropriate permit;
• place on the market fluorinated greenhouse gases listed in Annex II;
• place on the market equipment or products listed in Annex III;
• place fluorinated greenhouse gases on the market without the appropriate labels;
• place equipment containing fluorinated greenhouse gases on the market without an accompanying declaration of conformity;
• place equipment containing hydrofluorocarbons on the market in contravention of Article 14 of Regulation (EU) 517/2014;
• sell fluorinated greenhouse gases to persons who do not hold a relevant certification or attestation (N.B this applies only to persons installing, servicing, maintaining or repairing equipment containing fluorinated greenhouse gases;
• fail to maintain records of leak checks;
• fail to comply with the recovery obligations set out in Article 8 of Regulation (EU) 517/2014;
• fail to comply with the registration requirements set out in Article 17 of Regulation (EU) 517/2014;
• fail to comply with the reporting requirements set out in Article 19 of Regulation (EU) 517/2014;
• fail to comply with a compliance or prohibition notice;
• obstruct, impede or interfere with an authorised officer; and
• provide false or misleading information to an authorised officer.

Enforcement
The Environmental Protection Agency may appoint authorised officers for the purposes of ensuring compliance with these Regulations.

Authorised officers must product a copy of their identification where requested.

An authorised officer may:

• enter premises at any reasonable time to inspect the premises, certificates, documents, books or records;
• require persons to produce certificates for inspection;
• inspect and take copies of documents, books and records;
• retain documents, books and records for further examination;
• require persons to maintain documents, records and books for any reasonable period of time;
• take samples of fluorinated greenhouse gases or products containing such gases;
• carry out tests;
• take photographic or video evidence;
• seize products for disposal;
• issue prohibition notices; and
• issue a fixed payment notice.

Compliance and prohibition notice
The Environmental Protection Agency may serve a compliance notice to persons failing to limit fluorinated greenhouse gas emissions.

This notice must state:

• the actions to be taken;
• the timeframe for actions to be completed within;
• when the notice takes effect; and
• the appeals procedure.

The Environmental Protection Agency or authorised officer may issue a prohibition notice to persons placing fluorinated greenhouse gases or products containing fluorinated greenhouse gases on the market unlawfully.