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 (Text with EEA relevance)
Date: 2008-04-02
Institutions: European Commission
Subjects: Community certification, environmental risk prevention, fire protection, greenhouse gas, professional qualifications

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Official Journal of the European Union

3.4.2008

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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 842/2006 of the European
Parliament and of the Council of 17 May 2006 on certain
fluorinated greenhouse gases (1), and in particular Article 5(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

For the purposes of the requirements of Regulation (EC)
No 842/2006, it is necessary to lay down rules on the
qualification of personnel carrying out activities, at the
location of the operation of systems containing certain
fluorinated greenhouse gases, which potentially affect
their leakage.

Personnel not yet certified but enrolled in a training
course for the purpose of obtaining a certificate should
be, for a limited time, allowed to undertake activities for
which such certification is required to gain the practical
skills needed for the examination, provided that they are
supervised by certified personnel.

A number of Member States do not currently have quali-
fication or certification systems in place. A limited period
should therefore be allowed for personnel and companies
to obtain a certificate.

the purpose of

administrative
avoiding undue
For
burden,
it should be allowed to build a certification
system on existing qualification schemes provided that
the skills and knowledge covered and the relevant quali-
fication system are equivalent to the minimum standards
envisaged by this Regulation.

Examination is an effective means of testing the ability of
a candidate to carry out properly the actions which can
directly cause leakage, as well as those that can indirectly
cause leakage.

training

To enable
and certification of personnel
currently active in the areas covered by this Regulation
an
without

their professional

interrupting

activity,

(1) OJ L 161, 14.6.2006, p. 1.

(7)

(8)

(9)

adequate interim period is required during which certifi-
cation should be based on existing qualification schemes
and professional experience.

ensure

Officially designated evaluation and certification bodies
should
the minimum
compliance with
in this Regulation and thereby
requirements set out
contribute to the effective and efficient mutual recog-
nition of certificates throughout the Community.

Mutual recognition should not apply to interim certi-
ficates since the requirements for obtaining those certi-
ficates may
than existing
requirements in some Member States.

significantly

lower

be

format

Information on the certification system issuing certi-
ficates subject to mutual recognition should be notified
to the Commission in the
established by
Commission Regulation (EC) No 308/2008 of 2 April
to Regulation (EC) No
2008 establishing, pursuant
842/2006 of
the
Council, the format for notification of the training and
certification programmes of the Member States (2). Infor-
mation on interim certification systems
should be
notified to the Commission.

the European Parliament and of

(10)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
by Article 18(1) of Regulation (EC) No
lished
2037/2000 of
the
Council (3),

the European Parliament and of

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes minimum requirements for the certi-
fication referred to in Article 5(1) of Regulation (EC) No
842/2006 in relation to stationary fire protection systems and
fire extinguishers containing certain fluorinated greenhouse
gases as well as the conditions for mutual recognition of certi-
ficates issued in accordance with those requirements.

(2) See page 28 of this Official Journal.
(3) OJ L 244, 29.9.2000, p. 1. Regulation as

last amended by
Commission Decision 2007/540/EC (OJ L 198, 31.7.2007, p. 35).

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Article 2

Scope

This Regulation shall apply to personnel carrying out the

1.
following activities with regard to fire protection systems:

(a)

leakage checking of applications containing three kilograms
or more of fluorinated greenhouse gases;

(b) recovery, also with regard to fire extinguishers;

(c)

installation;

(d) maintenance or servicing.

It shall also apply to companies carrying out the following

2.
activities with regard to fire protection systems:

(a)

installation;

(b) maintenance or servicing.

activity undertaken at manufacturers’

This Regulation shall not apply to any manufacturing and
3.
for
repairing
containers or
fire
protection systems containing certain fluorinated greenhouse
gases.

sites
stationary

components of

associated

Article 3

Definitions

For the purposes of this Regulation the following definitions
shall apply:

1.

2.

time at

‘installation’ means connecting for the first
the
location in which they will operate, one or more containers
containing or designed to contain fluorinated greenhouse gas
extinguishing agent with associated components, excluding
those components which do not affect the containment of
the extinguishing agent prior to its release for the purpose of
fire extinguishing.

‘maintenance or servicing’ means all activities that entail
work on the containers containing or designed to contain
fluorinated greenhouse gas extinguishing agent or on the
associated components, excluding those components which
do not affect the containment of the extinguishing agent
prior to its release for the purpose of fire extinguishing.

Article 4

Certification of personnel

Personnel

1.
referred to in
Article 2(1) shall hold a certificate as referred to in Article 5
or Article 6.

the activities

carrying out

Paragraph 1 shall not apply for a maximum period of one
2.
year to personnel undertaking one of the activities referred to in
Article 2(1), enrolled in a training course for the purpose of
obtaining a certificate covering the relevant activity, provided
the activity under the supervision of a
that
person holding a certificate covering the relevant activity.

they carry out

3. Member States may decide that paragraph 1 shall not
apply for a period which shall not exceed the date referred to
in Article 5(4) of Regulation (EC) No 842/2006, to personnel
undertaking one or more of
the activities provided for in
Article 2(1) of this Regulation before the date referred to in
Article 5(2) of Regulation (EC) No 842/2006.

Such personnel shall,
for the period referred to in the first
subparagraph, be deemed certified as regards those activities
for the purposes of the requirements of Regulation (EC) No
842/2006.

Article 5

Personnel certificates

1.
A certification body as referred to in Article 10 shall issue
a certificate to personnel who have passed a theoretical and
practical examination organised by an evaluation body as
referred to in Article 11, covering the minimum skills and
knowledge set out in the Annex.

2.

The certificate shall contain at least the following:

(a)

the name of the certification body, the full name of the
holder, a certificate number, and the date of expiry if any;

(b) the activities which the holder of the certificate is entitled to

perform;

(c)

issuing date and issuer’s signature.

3. Where an existing examination-based certification system
covers the minimum skills and knowledge set out in the Annex
and meets the requirements of Articles 10 and 11, but the
related attestation does not contain the elements laid down in
paragraph 2 of this Article, a certification body referred to in
Article 10 may issue a certificate to the holder of this qualifi-
cation without repeating examination.

4. Where an existing examination based certification system
meets the requirements of Articles 10 and 11 and partially
covers the minimum skills as set out in the Annex, certification
bodies may issue a certificate provided that the applicant passes
a supplementary examination of the skills and knowledge not
covered by the existing certification organised by an evaluation
body referred to in Article 11.

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Article 6

Interim certificates for personnel

(b) proof that the necessary tools and procedures are available
to the personnel engaged in activities for which certification
is required.

1. Member States may apply a system of interim certification
in accordance with
for personnel referred to in Article 2(1)
paragraphs 2 or 3, or paragraphs 2 and 3, of this Article.

2.

The certificate shall contain at least the following:

The interim certificates referred to in paragraphs 2 and 3 shall
expire on 4 July 2010 at the latest.

(a)

the name of the certification body, the full name of the
holder, a certificate number, and the date of expiry if any;

(b) the activities which the holder of the certificate is entitled to

perform;

Personnel holding an attestation issued under existing
2.
qualification schemes for activities referred to in Article 2(1)
shall be deemed holders of an interim certificate.

(c)

issuing date and issuer’s signature.

Member States shall
identify attestations qualifying as interim
certificates for the activities referred to in Article 2(1) which the
holder is entitled to carry out.

3.
Personnel with professional experience in the activities,
acquired before the date referred to in Article 5(2) of Regulation
(EC) No 842/2006, shall be issued with an interim certificate by
an entity designated by the Member State.

Article 9

Interim certificates for companies

1. Member States may apply an interim certification system
for companies referred to in Article 2(2) in accordance with
paragraphs 2 or 3, or paragraphs 2 and 3, of this Article.

The interim certificates referred to in paragraphs 2 and 3 shall
expire on 4 July 2010 at the latest.

The interim certificate shall indicate the activities covered and
the expiry date.

Article 7

Certification of companies

Companies referred to in Article 2(2) shall hold a certi-

1.
ficate as referred to in Article 8 or Article 9.

2. Member States may decide that paragraph 1 shall not
apply for a period which shall not exceed the date referred to
in Article 5(4) of Regulation (EC) No 842/2006, to companies
involved in one or more of
the activities provided for in
Article 2(2) of this Regulation before the date referred to in
Article 5(2) of Regulation (EC) No 842/2006.

Article 8

Company certificates

1.
A certification body as referred to in Article 10 shall issue
a certificate to a company for one or more of the activities
referred to in Article 2(2) provided that it fulfils the following
requirements:

(a) employment of personnel certified in accordance with
Article 5,
in a
sufficient number to cover the expected volume of activities;

the activities requiring certification,

for

Companies certified under existing certification schemes
shall be deemed

referred to in Article 2(2)

2.
for activities
holders of an interim certificate.

Member States shall
identify attestations qualifying as interim
certificates for the activities referred to in Article 2(2) which the
holder is entitled to carry out.

3.
Companies employing personnel holding a certificate for
the activities for which certification is required for the purposes
of Article 2(2) shall be issued with an interim certificate by an
entity designated by the Member State.

The interim certificate shall
holder is entitled to carry out and the expiry date.

indicate the activities which the

Article 10

Certification body

1.
A certification body shall be provided for by a national
law or regulation, or designated by the competent authority of a
Member State or other entities entitled to do so, as being
allowed to issue
companies
involved in one or more of the activities referred to in Article 2.

to personnel or

certificates

The certification body shall be independent and impartial
carrying out its activities.

in

The certification body shall establish and apply procedures

2.
for the issuance, suspending and withdrawing of certificates.

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The certification body shall maintain records that allow
3.
verifying the status of a certified person or company. The
records shall demonstrate that
the certification process has
been effectively fulfilled. Records shall be kept for a minimum
period of five years.

By 4 January 2009, Member States

shall notify the
2.
Commission, where applicable, of designated entities entitled
to issue interim certificates and of enacted national provisions
according to which documents issued by existing certification
systems are deemed as interim certificates.

Article 11

Evaluation body

An evaluation body designated by

competent
1.
authority of a Member State or other entities entitled to do
so, shall organise examinations for the personnel referred to
in Article 2(1). A certification body as
referred to in
Article 10 may also qualify as an evaluation body.

the

The evaluation body shall be independent and impartial
carrying out its activities.

in

Examinations shall be planned and structured in a manner
2.
which ensures that the minimum skills and knowledge set out
in the Annex are covered.

The evaluation body shall adopt reporting procedures and
3.
keep records to enable the documentation of the individual and
overall results of the evaluation.

4.
The evaluation body shall ensure that examiners assigned
the relevant examination
to a test have due knowledge of
methods and examination documents as well as an appropriate
competence in the field to be examined. It shall also ensure that
the necessary equipment, tools and materials are available for
the practical tests.

Article 12

Notification

By 4 July 2008, Member States

shall notify the
1.
Commission of their intention to apply an interim certification
system according to Articles 6 or 9, or both.

By 4 January 2009, Member States

3.
shall notify the
Commission of the names and contact details of certification
bodies for personnel and companies covered by Article 10 and
of the titles of certificates for personnel complying with the
requirements of Article 5 and companies complying with the
requirements of Article 8, using the format established by Regu-
lation (EC) No 308/2008.

4. Member States shall update the notification submitted
pursuant to paragraph 3, with relevant new information, and
submit it to the Commission without delay.

Article 13

Conditions for mutual recognition

1. Mutual recognition of certificates issued in other Member
States shall only apply to certificates issued in accordance with
Article 5 for personnel and Article 8 for companies.

2. Member States may require holders of certificates issued in
another Member State to provide a translation of the certificate
in another official Community language.

Article 14

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 April 2008.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

Minimum requirements as to the skills and knowledge to be covered by the evaluation bodies

The examination referred to in Articles 5(1) and 11(2) shall comprise the following:
(a) a theoretical test with one or more questions testing that skill or knowledge, as indicated in the column ‘Test type’

by (T);

(b) a practical test where the applicant shall perform the corresponding task with the relevant material, tools and

equipment, as indicated in the column ‘Test type’ by (P).

Minimum knowledge and skills

Test type

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Basic knowledge of relevant environment issues (climate change, Kyoto Protocol, global
warming potential of fluorinated greenhouse gases)

Basic knowledge of relevant technical standards

Basic knowledge of relevant provisions of Regulation (EC) No 842/2006 and of the relevant
Regulations implementing provisions of Regulation (EC) No 842/2006

Good knowledge of the different types of fire protection equipment containing fluorinated
greenhouse gases on the market

Good knowledge of types of valves, actuation mechanisms, safe handling, prevention of
discharge and leakage

Good knowledge of equipment and tools required for safe handling and work practices

Ability to install
greenhouse gases

fire protection system containers designed to contain fluorinated

Knowledge of correct practices to move pressurised containers containing fluorinated
greenhouse gases

Ability to check system records prior to a check for leakage and identify the relevant
information on any repeating issues or problem areas to pay attention to

Ability to make a visual and manual checking of the system for leakage in accordance with
Commission Regulation (EC) No 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 (1)

11.

Knowledge of environmentally friendly practices for the recovery of fluorinated greenhouse
gases from and charging of fire protection systems

(1) OJ L 333, 19.12.2007, p. 4.

T

T

T

T

T

T

P

T

T

P

T