CERTAIN FLUORINATED GREENHOUSE GASES REGULATIONS

SUBSIDIARY LEGISLATION 549.55

CERTAIN FLUORINATED GREENHOUSE GASES

REGULATIONS

23rd February, 2010

LEGAL NOTICE 93 of 2010.

The title of these regulations is the Certain Fluorinated

Greenhouse Gases Regulations.

(1) These regulations contain provisions for the

application of Regulation (EC) No 842/2006 of the European

Parliament and of the Council of 17 May 2006, as amended, on

certain Fluorinated Greenhouse Gases, and all its implementing

acts, hereinafter referred to as "the EC Regulation".

(2) The provisions of the EC Regulation shall be implemented

and enforced under the Act.

For the purposes of these regulations and of the EC

Regulation, the following definitions shall apply

"competent authority" means the Environment and Resources

Authority as prescribed in the Nomination of Competent Authority

Order, and such other body or person as the Minister responsible

for the environment may by order in the Gazette prescribe and

different bodies or persons may be designated as the competent

authority for different provisions and different purposes of these

regulations;

"course" means any taught form of instruction approved in

writing by the competent authority for the purposes of these

regulations;

"implementing Acts" shall refer to the following Commission

Regulations

(a) Commission Regulation (EC) 1493/2007 of 17

December 2007 establishing pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, the format for the report to be submitted

by producers, importers and exporters of certain

fluorinated greenhouse gases;

(b) Commission Regulation (EC) 1516/2007 of 19

December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, standard leakage checking requirements

for stationary refrigeration, air conditioning and heat

pump equipment containing certain fluorinated

greenhouse gases;

(c) Commission Regulation (EC) 1494/2007 of 17

December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, the form of labels and additional labelling

CERTAIN FLUORINATED GREENHOUSE GASES

requirements as regards products and equipment

containing certain fluorinated greenhouse gases;

(d) Commission Regulation (EC) 1497/2007 of 18

December 2007 establishing, pursuant to Regulation

(EC) No 842/2006 of the European Parliament and of

the Council, standard leakage checking requirements

for stationary fire protection systems containing

certain fluorinated greenhouse gases;

(e) Commission Regulation (EC) No 303/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for

mutual recognition for the certification of companies

and personnel as regards stationary refrigeration, air

conditioning and heat pump equipment containing

certain fluorinated greenhouse gases;

(f)

Commission Regulation (EC) No 304/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for

mutual recognition for the certification of companies

and personnel as regards stationary fire protection

systems and fire extinguishers containing certain

fluorinated greenhouse gases;

(g) Commission Regulation (EC) No 305/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for

mutual recognition for the certification of personnel

recovering certain fluorinated greenhouse gases from

high-voltage switchgear;

(h) Commission Regulation (EC) No 306/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, minimum requirements and the conditions for

mutual recognition for the certification of personnel

recovering certain fluorinated greenhouse gas-based

solvents from equipment;

(i)

Commission Regulation (EC) No 307/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, minimum requirements for training

programmes and the conditions for mutual recognition

of training attestations for personnel as regards air-

conditioning systems in certain motor vehicles

containing certain fluorinated greenhouse gases; and

(j)

Commission Regulation (EC) No 308/2008 of 2 April

2008 establishing, pursuant to Regulation (EC) No

842/2006 of the European Parliament and of the

Council, the format for notification of the training and

certification programmes of the Member States;

"logbook" shall refer to a hard bound, consecutively page

numbered book containing -

(a) on the first page, the name, I.D. number and license or

permit number of the personnel involved, and

(b) other details as may be approved from time to time by

a notice from the competent authority in the Gazette;

"personnel involved" includes all producers, importers, shippers,

exporters, persons who handle fluorinated greenhouse gases in

fixed refrigeration and heatpump equipment, stationary fire

protection and fire extinguishers, high voltage switchgear, foam

blowing, as a cleaning solvent, as propellants and solvents within

aerosols, foam blowing and air conditioning in motor vehicles,

technicians, any appropriate bodies and users, including retailers

and any persons involved in the destruction, recovery, reclamation

and recycling of the substances covered by the EC Regulation;

"registration" means, for the purposes of this regulation, the

application by an individual and, or entity with the competent

authority to carry out activities in relation to these regulations;

"shipment" means any movement of goods between Malta and

the remainder of the European Community, and "shipper" shall be

construed accordingly.

All personnel involved shall be registered with the

competent authority under such conditions as may be determined

by the authority.

(1)

All personnel involved shall

(a) possess the minimum qualification requirements as

defined by the EC Regulation. These minimum

qualification requirements will take the form of a

course with a duration and curriculum approved by the

competent authority and European Commission

respectively; and

(b) duly fill out a logbook, stating all amounts of

fluorinated greenhouse gases recovered, recycled,

reclaimed or destroyed during their day to day

operations, together with the quantities of fluorinated

greenhouse gases charged during the servicing of

equipment utilising such substances. These amounts

shall be specified by their weight in Kg

Provided that such amounts may also be subject to

random audits by officials of the competent authority.

(2) Only natural or legal persons authorized in writing by the

competent authority may conduct courses for the purposes of

qualifying personnel in terms of this regulation.

(3) All personnel involved may only handle, use or trade in,

whether for profit or otherwise, substances falling within the scope

of the EC Regulation or in products containing such substances if

they are in possession of the minimum qualification requirements

as defined in sub-regulation (1).

(4)

All natural or legal persons involved in the handling, use,

trade, recovery, recycling, reclamation or destruction of substances

falling within the scope of the EC Regulation shall

(a) be registered with the competent authority under such

conditions as may be determined by the authority from

time to time; and

(b) duly fill out a logbook, stating all amounts of

controlled substances recovered, recycled, reclaimed

or destroyed during their day to day operations

Provided that they may also be subject to random audits by

officials of the competent authority.

(1) Should any shipment or export of substances falling

within the scope of the EC Regulation to facilities involved in the

recovery, recycling, reclamation and destruction of such substances

take place, such shipment shall comply with EEC Regulation 259/

93 of 1 February 1993 on the supervision and control of shipments

of waste within, into and out of the European Community and with

the Environment Protection (Control of Transboundary Movement

of Toxic and other Substances) Regulations.

(2) These regulations shall be without prejudice to the Waste

Regulations, or to measures adopted following regulation 3.

(1) Existing fixed equipment with more than three

kilograms of fluorinated greenhouse gases shall be registered with

the competent authority under such conditions as may be

determined by the authority within one year from the date of

publication of these regulations.

(2) New fixed equipment with more than three kilograms of

fluorinated greenhouse gases shall be registered with the

competent authority within fifteen days of its sale. The retailer

shall supply the information as required by regulation 11(b) for

registration purposes.

(3) Any person owning fixed equipment with more than three

kilograms of fluorinated greenhouse gases shall

(a) have this equipment checked for leakages as stipulated

by the EC Regulation; and

(b) keep a log of all checks in a duly filled out logbook.

For the purposes of these regulations, all facilities used for

the storage of substances falling within the scope of the EC

Regulation shall be registered with the competent authority under

such conditions as may be determined by the authority. Such

registration may be reviewed, renewed or cancelled at any time by

the authority. Cancellation of registration shall not entail any right

of compensation.

Every year before the 31st January, each user and shipper

of substances falling within the scope of the EC Regulation shall

communicate to the competent authority data as specified below for

each controlled substance in respect of the period from the 1st

January to the 31st December of the preceding year. The competent

authority shall establish the format of this report in such manner

that -

(a) each shipper shall communicate the following

(i)

the name and serial number of the shipper;

(ii)

the date of shipment;

(iii)

the country of origin;

(iv)

the country of destination;

(v)

any quantities of controlled substances shipped

into and out of Malta;

(vi)

the nature of the substances differentiating

between virgin, recovered and reclaimed;

(vii)

any other details as may be required from time to

time by the competent authority by a notice in

the Gazette; and

(b) each user, including any producer who uses such

substances shall communicate the following

(i) the name and serial number of the user;

(ii) quantities used;

(iii) the nature of the substance, differentiating

between virgin, recovered and reclaimed;

(iv) the nature of the use;

(v) the quantities held in stock;

(vi) any quantities recovered recycled, reclaimed or

destroyed;

(vii)

any other details as may be required from time to

time by the competent authority by a notice in

the Gazette.

(1) Before the 31st January of each year, persons who

handle fluorinated greenhouse gases in fixed refrigeration and

heatpump equipment, stationary fire protection and fire

extinguishers, high voltage switchgear, solvents, air conditioning in

motor vehicles, and refrigeration technicians shall communicate to

the competent authority the information requested in sub-regulation

9(b), together with the following

(a) the name of suppliers of substances used by them and

falling within the scope of the EC Regulation; and

(b) the quantity and destination of such substances

transferred and, or handed over by whatever means.

(2) Upon request by the competent authority, persons who

handle fluorinated greenhouse gases in fixed refrigeration and

heatpump equipment, stationary fire protection and fire

extinguishers, high voltage switchgear, solvents, air conditioning in

motor vehicles, and refrigeration technicians shall send copies of

their logbooks to the competent authority for review. These copies

must be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession.

Before the 31st January of each year, retailers handling

substances falling within the scope of the EC Regulation or

products containing such substances shall send copies of their

official logbooks to the competent authority for review. Such

copies shall be signed off by the official person in whose name the

logbook was issued as a true copy of the original logbook in their

possession and shall contain the following information

(a) for substances falling within the scope of the EC

Regulation

(i)

the name and serial number of retailer,

(ii)

the name and serial number of shipper,

(iii)

the date of purchase from shipper,

(iv)

the nature of the substance (differentiating

between virgin, recovered and reclaimed stock),

(v)

the nature of the use,

(vi)

the quantity,

(vii) the date of sale by type and quantity,

(viii) the name and registration number of the buyer,

(ix) any other details as may be required from time to

time by the competent authority by notice in the

Gazette; and

(b) for fixed equipment with a refrigerating fluid charge of

more than three kg

(i)

the name and serial number of retailer,

(ii)

the date of sale,

(iii)

the charge in Kg,

(iv)

the nature of the substance,

(v)

the nature of the equipment,

(vi)

the place of installation,

(vii) the details of the new owner,

(viii) the registration reference number of the

equipment,

(ix) any other details as may be required from time to

time by the competent authority by notice in the

Gazette.

(1) All owners of fixed equipment with more than three

kilograms of fluorinated greenhouse gases shall before the 31st

January of each year report the following for each specifically

identified piece of equipment, for the period from the 1st January to

the 31st December of the previous year

(a) all amounts of leakages detected,

(b) actions taken to eliminate such leakages,

(c) quantity and nature of the substances involved,

(d) serial number of personnel involved in terms of the

first two indents of this sub-regulation as well as dates

and results of these checks,

(e) any quantities added and any quantities recovered

during servicing and maintenance and final disposal,

(f)

any other details as may be required from time to time

by the competent authority by notice in the Gazette.

(2) Upon request by the competent authority, all owners of

fixed equipment with more than three kilograms of fluorinated

greenhouse gases must send copies of their official logbooks to the

competent authority for review. These copies must be signed off by

the official person in whose name the logbook was issued as a true

copy of the original logbook in their possession.

Every year before the 31st January, all entities involved in

the recovery, recycling, reclamation and destruction of fluorinated

greenhouse gases shall communicate to the competent authority

data as specified below for each controlled substance in respect of

the period from the 1st January to the 31st December of the

preceding year. These entities shall send copies of their logbooks to

the competent authority for review. These copies must be signed off

by the official person in whose name the logbook was issued as a

true copy of the original logbook in their possession. The log book

must contain

(a) name and serial number of the entity,

(b) serial number of the personnel involved in the

consignment of controlled substances for recovery,

recycling, reclamation and destruction,

(c) quantities and nature of controlled substances

consigned by each of the personnel involved

differentiating between substances consigned for

recovery, recycling, reclamation, and destruction,

(d) details of destination of controlled substances

consigned,

differentiating

between

substances

consigned for recovery, recycling, reclamation and

destruction,

(e) any remaining stock as at 31st December of each

reporting year,

(f)

any other details as may be required from time to time

by the competent authority by notice in the Gazette.

All natural or legal persons authorized in writing by the

competent authority to provide the course for the minimum

qualification requirements defined by the authority, as required by

regulation 5(2), shall, after the termination of each course cycle,

provide, within five working days, all the information related to the

course as may be required by the Authority. This information is to

include

(a) name and authorization number of the instruction body

running the course,

(b) commencement and termination dates of course,

(c) names, surnames and I.D. numbers of the successful

candidates,

(d) nature of employment of the successful candidates,

(e) registered business

address

of

the

successful

candidates.

(1) Without prejudice to the provisions of article 14 of the

Act and of the Environment Protection (Preventive and Remedial

Measures) Regulations, the competent authority may, in carrying

out the tasks assigned to it by these regulations, request all relevant

information from the personnel involved and from undertakings

concerned.

(2) The competent authority may carry out any investigations

necessary under these regulations, and may also conduct random

checks and audits on imports, exports, shipments, storage facilities,

users and disposal facilities of substances within the scope of the

EC Regulation, as well as on all personnel involved.

(3) Subject to regulations 9 to 13, all shipments, imports and

exports shall be subject to random checks by the competent

authority. All shippers, importers and exporters must inform the

competent authority about any upcoming shipment, import or

export at least fifteen working days in advance of the actual import,

export or shipment is carried out. All details shall be submitted

according to the requirements of the format established for this

purpose by the competent authority.

(4) Containers, including cylinders, filled with substances

falling within the scope of the EC Regulation, shall be labelled by

officials of the competent authority prior to their release from

Customs and the shipper, exporter or importer shall be responsible

as stipulated in regulation 9 for keeping and reporting information

related to any sales and, or transfer by whatever means of these

substances until the point of sale, when this responsibility will

devolve to the new natural or legal persons involved.

The competent authority may develop as appropriate and

ensure the dissemination of guidance notes and documents for the

purpose of ensuring the proper implementation of these regulations

and of the EC Regulation.

Reporting requirements by various entities are to be carried

out as prescribed by the EC Regulation unless further instructed in

these regulations.

A person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of the EC

Regulation or of these regulations, or fails to comply

with conditions of registration with any order lawfully

given in terms of any provision of these regulations, or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under the EC Regulation or

these regulations, or

(c) he acts in contravention of any of the provisions of the

EC Regulation or of these regulations, or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement, to contravene the

provisions of the EC Regulation or of these

regulations, or to fail to comply with any such

provisions, including any order lawfully given in terms

of any of the provisions of the EC Regulation or of

these regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against the EC

Regulation or against these regulations shall, on conviction, be

liable

(a) on a first conviction to a fine (multa) of not less than

one thousand, one hundred sixty-four euro and sixty-

nine cents (€1,164.69) but not exceeding two

thousand, three hundred twenty-nine euro and thirty-

seven cents (€2,329.37) and where applicable, the

revocation of his, her registration and confiscation of

vehicle or equipment used to perform the offence;

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two thousand, three hundred twenty-

nine euro and thirty-seven cents (€2,329.37), but not

exceeding four thousand, six hundred fifty-eight euro

and seventy-five cents (€4,658.75) or to imprisonment

for a term not exceeding two years, or to both such

fine and imprisonment and where applicable, the

revocation of such person’s licence and confiscation of

vehicle or equipment used to perform the offence

Provided that the Court shall order any person who has

been found guilty of committing an offence against the EC

Regulation or against these regulations to pay for the expenses

incurred by the competent authority as a result of the said offence,

the revocation of the permit issued by the competent authority and

the confiscation of the corpus delicti.

Provided further that the court may also order any person

who commits an offence against these regulations or the EC

Regulation to bear all or part of the costs incurred due to any

relevant infringement action brought against Malta by the European

Commission under the provisions of the EC Regulation or of the

Treaty establishing the European Community.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against the EC Regulation or against these regulations, so

however that the disqualification from holding or obtaining a

licence, permit or authority shall in no case be for less than one

year.

(2) Notwithstanding the provisions of article 370 of the

C r im i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e E C

Regulation or against these regulations shall be held before the

Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as

the case may be, and shall be in accordance with the provisions of

the Criminal Code regulating the procedure before the said courts

as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

C ri mi nal A pp eal from a ny ju dg men t gi ven b y t he Co urt o f

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against the EC Regulation or these

regulations.