The European Union consistently conducts activities aimed at limiting the emission of substances that have a destructive effect on the ozone layer and that cause the greenhouse effect. These activities result in reducing emissions and withdrawal of substances depleting the ozone layer and in limiting the availability of refrigerants from the group of fluorinated gases (greenhouse gases).
In order to implement the above in practice, a package of regulations of the European Parliament and of the Council and the European Commission, addressing the handling of controlled substances and fluorinated greenhouse gases, has been issued. The most important of these are Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No. 842/2006 and Regulation of the European Parliament and of the Council (EC) No 1005 / 2009 of 16 September 2009 on substances that deplete the ozone layer. The minimum requirements and conditions for the mutual recognition of the certification of enterprises and personnel for particular types of equipment containing fluorinated greenhouse gases are set out in the following implementing regulations:
- Commission Implementing Regulation (EU) 2015/2067 of November 17, 2015 (stationary refrigeration, air-conditioning and heat pump equipment as well as refrigeration units for trucks and refrigerated trailers)
- Commission Regulation (EC) No 304/2008 of April 2, 2008 (stationary fire protection systems and fire extinguishers)
- Commission Implementing Regulation (EU) 2015/2066 of 17 November 2015 (electrical switchgears)
- Commission Regulation (EC) No 306/2008 of 2 April 2008 (solvents based on fluorinated greenhouse gases)
The implementation of European regulations into Polish law resulted from the adoption of the Act of 15 May 2015 on substances that deplete the ozone layer and on some fluorinated greenhouse gases. The Act was amended by the Act of 12 July 2017 amending the act on substances that deplete the ozone layer and on some fluorinated greenhouse gases and some other acts, hereinafter referred to as the "amending act". The Amending Act came into force on 23 September 2017. The amendment is related to the need to implement the provisions of Regulation (EC) No. 517/2014 of the European Parliament and of the Council of April 16, 2014 on fluorinated greenhouse gases, repealing the Regulation ( EC) No. 842/2006 into national law.
On the basis of the provisions of the Amended Act, new regulations were issued, containing detailed regulations on the certification of personnel and entrepreneurs.
The Minister of Development empowered by the delegation of the Act, by the ordinance of 7 November 2017 on the indication of the entity performing the function of the enterprise certification body and the personnel certification body, entrusted to the Office of Technical Inspection the function of the personnel certification body and the enterprise certification body.
As regards the certification of personnel and entrepreneurs, the new Act refers to Commission Implementing Regulations (EU) No: 2015/2067 (repealing Regulation No. 303/2008) and 2015/2066 (repealing Regulation No. 305/2008). Regulations 304/2008 and 306/2008 remain in force.
Regulation (EU) 2015/2067 additionally introduces an obligation to hold a certificate by natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases.
The aforementioned the regulation also includes a new requirement regarding enterprises performing activities in relation to stationary refrigeration, air-conditioning and heat pump equipment as well as stationary fire protection systems, making the certificate mandatory for companies dealing with the repair and decommissioning of this equipment.
A certificate for entrepreneurs with reference to refrigeration units of refrigerated trucks and trailers is not required.
Regulation (EU) 2015/2066 additionally introduces an obligation to hold a certificate by natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear.
According to Art. 8 Sec. 4 of the Amending Act: "Certificates for entrepreneurs referred to in Art. 29 of the Act amended in Art. 1, in the current version, remain valid and also authorize to perform repair and decommissioning activities, respectively:
- of stationary refrigeration equipment, air conditioning and heat pump equipment;
- of stationary fire protection systems".
According to Art. 10 of the amending Act, currently held certificates for staff and entrepreneurs can be exchanged for new certificate in the extended scope described above. The new Act also allows the change of certificate’s data for staff and entrepreneurs.
