Government Decree amending the Government Decree on the maintenance of equipment containing ozone-depleting substances and certain hydrofluorocarbons and qualifications required of persons carrying out maintenance and waste management (No. 1239 of 2003)

NB: Unofficial translation; legally binding texts are those in Finnish and Swedish Ministry of the Environment, Finland Government Decree amending the Government Decree on the maintenance of equipment containing ozone-depleting substances and certain hydrofluorocarbons and qualifications required of persons carrying out maintenance and waste management 1239/2003 Given in Helsinki on 18 December 2003 In accordance with the decision of the Government and on the submission of the Ministry of the Environment section 8(3), section 10(1) and Appendix 3 of the Government Decree on the maintenance of equipment containing ozone-depleting substances and certain hydrofluorocarbons and qualifications required of persons carrying out maintenance and waste management (1187/2001), issued on December 5, 2001, are amended, and a new section 4a is added to the Decree, as follows: Section 4a Qualifications required of persons carrying out maintenance of refrigeration and air conditioning equipment in vehicles and machinery (1) An undertaking installing and maintaining refrigeration equipment used for the air conditioning of vehicles and machinery, or refrigeration and air conditioning equipment permanently installed in vehicles and machinery or 2 intended to be carried on motor vehicles must have a responsible person who is primarily employed by the undertaking and who meets the qualification requirements laid down in Appendix 3(5a) of this Decree. The installation and maintenance personnel working under the responsible person must meet the qualification requirements laid down in Appendix 3(5b). Section 8 An undertaking’s notification of its operations (3) If operations referred to in this Decree were practised before the entry into force of this Decree, the notification referred to in subsection 1 may be supplemented until the end of 2004. In this connection the undertaking must demonstrate that the responsible person meets the qualification requirements listed in Appendix 3 of this Decree. Section 10 Supervisory authorities (1) Compliance with the requirements of this Decree shall be monitored by the supervisory authorities referred to in the Environmental Protection Act (86/2000). Compliance with the requirements of section 9 of this Decree shall also be monitored by the health protection authorities, in so far as they concern refrigeration equipment used for storing food. === This Decree will enter into force on 1 January 2004. 3 If notification of operations that are in accordance with section 4a of this Decree has been submitted to the Safety Technology Authority before the entry into force of this Decree and the responsible person and the installation and maintenance personnel have met the qualification requirements laid down in the Decree, the undertaking does not need to submit new notification about its operations. Regulation (EC) No 2037/2000 of the European Parliament and of the Council, OJ L 244, 29.9.2000, p. 1. 4 Appendix 3 1. Qualification requirements for the refrigeration and air conditioning industry: equipment containing more than 3 kg of refrigerants a) Qualification requirements for responsible persons Basic training (one of the following): i) a technician’s qualification or higher, suitable for the refrigeration and air conditioning industry; ii) special vocational qualification for the refrigeration and air conditioning industry; or iii) vocational qualification for the refrigeration and air conditioning industry. At least two years’ working experience in the refrigeration and air conditioning industry is required. Required areas of competence: i) knowledge of the legislation covering occupational safety, health and environmental aspects of the refrigeration and air conditioning industry; ii) knowledge of refrigeration and air conditioning industry standards; iii) knowledge and skills needed for handling refrigerants (handling of coolants, personal protective equipment, prevention of leaks); iv) knowledge of refrigeration technology (process, liquids, components and equipment, electrical and monitoring functions, maintenance, repairs, operational diagrams, refrigeration systems, temperature and pressure calculations, analysis of information supplied by refrigeration systems); and v) knowledge of energy efficiency and energy saving. 5 Those with a technician’s qualification or higher suitable for the refrigeration and air conditioning industry are only required to possess knowledge of the legislation elements referred to above. b) Qualification requirements for installation and maintenance personnel A person possessing i) a special vocational or vocational qualification for the refrigeration and air conditioning industry, ii) a basic qualification suitable for the refrigeration and air conditioning industry, or a similar qualification, or part or parts of a basic qualification covering competence in occupational safety, the handling of refrigerants, refrigeration technology and energy efficiency required under paragraph 1a and who has, since then, acquired one year’s work experience in the refrigeration and air conditioning sector in question, or iii) who has acquired three years’ work experience in the refrigeration and air conditioning sector in question and sufficient basic knowledge in the industry, including the required competence in occupational safety, handling refrigerants, refrigeration technology and energy efficiency, is deemed to have adequate skills for carrying out independent installation and maintenance work in the refrigeration and air conditioning industry and for supervising the work. 6 2. Qualification requirements for the refrigeration and air conditioning industry: equipment containing refrigerants 3 kg or less a) Qualification requirements for responsible persons Basic training (one of the following): i) a special vocational qualification or vocational qualification in the household-appliance sector, ii) a special vocational qualification or vocational qualification suitable for the installation and maintenance of stationary refrigeration and air conditioning equipment and heat pumps, or iii) a basic qualification or similar qualification suitable for the installation and maintenance of the equipment referred to above. At least one year’s work experience in the refrigeration and air conditioning industry is also required as work experience. In the absence of the above-mentioned basic training, the qualification requirements can only be satisfied with at least three years’ work experience in the sector for which the person in question is qualified and sufficient basic knowledge, including the required competence. In this context, stationary refrigeration and air conditioning equipment means equipment other than that referred to in paragraph 5. The competence requirements are as follows: i) the knowledge and skills needed in the handling of refrigerants (handling of coolants, personal protective equipment, prevention of leaks), ii) a knowledge of relevant refrigeration-related occupational safety, health and environmental legislation, and iii) a knowledge of the equipment and correct working practices needed in the work. 7 b) Qualification requirements for installation and maintenance personnel A person possessing i) a vocational qualification in the household-appliance sector or a vocational qualification suitable for the installation and maintenance of stationary refrigeration and air conditioning equipment and heat pumps, ii) a basic qualification suitable for the installation and maintenance of the equipment referred to above or similar qualification, or part or parts of a basic qualification covering knowledge of the functioning and repairs of the equipment in question, or iii) who has acquired one year’s work experience in the sector in question and an adequate basic knowledge of occupational safety and the handling of refrigerants in the sector, is deemed to have adequate skills for carrying out independent installation and maintenance work in his/her own sector and supervising the work. In this context, stationary refrigeration and air conditioning equipment means equipment other than that referred to in paragraph 5. 3. Qualification requirements for installation and maintenance of fire-extinguishing and fire protection equipment The competence requirement for installation and maintenance of fire-extinguishers laid down in the Act on technical specifications of equipment and fire-safety of products in rescue services (562/1999) also applies here. 8 4. Qualification requirements in waste management and recovery The qualifications required of a responsible person are technical training or basic training as a waste reception centre superior, or both. He/she must also possess at least two years’ work experience in the installation and maintenance of technical equipment or waste management. Required competence: i) knowledge of the type of equipment handled; ii) knowledge of the equipment needed in the work and correct working practices; and iii) knowledge of the health, safety and environmental protection regulations. 5. Qualification requirements for the installation and maintenance of refrigeration and air conditioning equipment in vehicles and machinery a) Qualification requirements for responsible persons The qualification requirements for a responsible person are as follows: i) the qualification requirement for a responsible person referred to in paragraphs 1-2, ii) the qualification of at least a technician or technical expert suitable for the maintenance of a vehicle and piece of machinery, and two years’ work experience in the maintenance of such vehicles and machinery, iii) a suitable special vocational qualification or vocational qualification in vehicle technology and two years’ work experience in the maintenance of such vehicles and machinery, or iv) a basic qualification connected with the installation and maintenance of vehicles and machinery and at least three years’ work experience in the sector. In the 9 absence of the above-mentioned basic training, the qualification requirements can only be satisfied with at least five years’ work experience in the sector and sufficient basic knowledge of the work in the sector, including the required competence. The competence requirements are as follows: i) a knowledge of the type of refrigeration and air conditioning equipment in question, ii) a knowledge of the equipment and correct working practices needed in the work, and iii) a knowledge of the health, safety and environmental protection regulations for the sector. Training provided by the manufacturer or importer of the refrigeration or air conditioning equipment of the vehicles and machinery in question can be approved as part of a demonstration of the competence required under paragraphs i-ii. b) Qualification requirements for the installation and maintenance personnel A person possessing i) the installation and maintenance qualification referred to in paragraphs 1-2, ii) a vocational or basic qualification suitable for the maintenance of a vehicle and machinery, or iii) at least one year’s work experience in a sector covering the maintenance of such vehicles and machinery and an adequate basic knowledge of occupational safety and the handling of refrigerants, is deemed to have adequate skills for carrying out independent installation and maintenance work in his/her own sector and supervising the work. 10 6. Addition to paragraphs 1-5 If operations referred to in this Decree were practised before the entry into force of the Decree, the responsible person named by the undertaking and the installation and maintenance personnel employed by the undertaking in similar duties and the waste management responsible person are deemed to meet the competence requirements laid down in this Appendix until December 31, 2004. If operations referred to in paragraphs 1-4 were being practised before December 31, 2001 or operations referred to in paragraph 5 were being practised before January 1, 2004 and the qualification of the responsible person can be demonstrated before January 1, 2005, the undertaking’s responsible person is deemed to meet the qualification requirements if he/she fulfils the necessary legislative competence requirements.